HomeMy WebLinkAboutCity Council - 10/15/2024
AGENDA CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, OCTOBER 15, 2024 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. CANNABIS POLICY DISCUSSION
II. EMERALD ASH BORER UPDATE
Open Podium - Council Chamber (6:30)
III. OPEN PODIUM IV. ADJOURNMENT
AGENDA EDEN PRAIRIE CITY COUNCIL MEETING
TUESDAY, OCTOBER 15, 2024 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road
CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community
Development Director Julie Klima, Parks and Recreation Director Amy Markle, and City Attorney Maggie Neuville
I. CALL THE MEETING TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION
IV. PROCLAMATIONS AND PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, OCTOBER 01, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, OCTOBER 01, 2024
VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
VIII. CONSENT CALENDAR
A. WUNDERLICH PROPERTIES ADDITION BY TWP ARCHITECTS. SECOND READING OF ORDINANCE FOR PUD DISTRICT REVIEW WITH WAIVERS ON 5.13 ACRES, ADOPT RESOLUTION FOR SITE PLAN ON 5.13 ACRES, APPROVE DEVELOPMENT AGREEMENT
B. 11609 LEONA ROAD REDEVELOPMENT BY KIMLEY-HORN. SECOND READING OF ORDINANCE FOR PUD DISTRICT WITH WAIVERS ON 3.44 ACRES, ADOPT RESOLUTION FOR SITE PLAN ON 3.44 ACRES, APPROVE DEVELOPMENT AGREEMENT
C. ADOPT RESOLUTION REQUESTING DELL ROAD STATE AID VARIANCE
D. APPROVE JUVENILE LIAISON OFFICER AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT NO. 272
CITY COUNCIL AGENDA October 15, 2024
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E. AWARD CONTRACT FOR MAINTENANCE FACILITY SHOP FLOOR RECOATING
F. APPROVE CONSTRUCTION CONTRACT AGREEMENT FOR RICHARD
T. ANDERSON WEST BLUFF OVERLOOK TRAIL STABILIZATION IMPROVEMENT PROJECT TO KURILLA CONTRACTING
G. DECLARE PROPERTY AS SURPLUS AND AUTHORIZE DISPOSAL
IX. PETITIONS, REQUESTS, AND COMMUNICATIONS
A. EDEN PRAIRIE FIREFIGHTER RELIEF ASSOCIATION BYLAWS AMENDMENT
X. PUBLIC HEARINGS AND MEETINGS
A. PUBLIC HEARING FOR APPROVAL OF 2024 SPECIAL ASSESSMENTS, RESOLUTION APPROVING SPECIAL ASSESSMENTS
XI. PAYMENT OF CLAIMS
XII. ORDINANCES AND RESOLUTIONS
A. FIRST AND SECOND READING OF ORDINANCE ADOPTING NEW CITY CODE SECTION 5.80 RELATING TO OUTDOOR DINING AREA DOG PERMITS
XIII. APPOINTMENTS
XIV. REPORTS
A. REPORTS OF COUNCIL MEMBERS
B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR
D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF
G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY
XV. OTHER BUSINESS
CITY COUNCIL AGENDA October 15, 2024
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XVI. ADJOURNMENT
WORKSHOP MINUTES – UNAPPROVED CITY COUNCIL WORKSHOP & OPEN PODIUM
TUESDAY, OCTOBER 01, 2024 CITY CENTER
5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Kathy Nelson, Mark Freiberg, PG Narayanan, and Lisa Toomey
CITY STAFF: City Manager Rick Getschow, Police Chief Matt Sackett, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Julie Klima, Parks and Recreation Director Amy Markle, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Sara
Aschenbeck
Workshop - Heritage Rooms I and II (5:30) I. ATHLETIC PROGRAM TRENDS
Markle introduced Lori Brink, Recreation Manager, and introduced tonight’s topic, athletics
programming and facilities trends. The City’s outdoor facilities have a reputation of high quality.
Large community parks such as Miller Park and Round Lake Park are regularly lauded by
residents and visitors. Facilities are sought after by local and regional teams, and often host
tournaments every weekend in the spring and summer. The number of the City’s outdoor
facilities is aligned or higher compared to surrounding cities. The model includes many small
parks meant for neighborhood play. The city’s outdoor facilities include 42 turf fields, 40 ball
fields, 28 pickleball courts, and one cricket pitch. Case noted the City now has two locations
with a group of eight pickleball courts, an asset for the City’s many pickleball players. Nelson
asked if the new Miller Park pickleball courts have tables and benches. Markle confirmed the
new Miller Park pickleball courts have tables and benches.
Markle stated the Round Lake Softball fields were redesigned from four shorter fields to three
longer fields due to changes in USA softball association outfield distance rules. A rarely used
lacrosse field as Nesbitt Preserve Park was converted to a cricket pitch, a popular emerging
sport. The City has installed lighting that can be controlled by partner organizations through an
app. Sand volleyball is currently the fastest growing team sport. Case asked how many sand
volleyball courts are in the City. Brink confirmed there is a 4-court complex at Riley Lake Park,
a few courts at Round Lake Park, and other courts throughout the City. Nelson stated it is a good
thing the City has multiple one-court facilities to ensure families can play without a reservation.
Markle noted artificial turf is increasing in popularity and is preferred by sports such as football
and lacrosse. Turf can provide a competitive edge when grass is wet. Field assets including shade
structures, fences, benches, and pitching/batting cages are increasing in popularity. Another trend
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is private for-profit developments, year-round training facilities. Private pickleball facilities have
increased in the past few years. Savage is constructing a year-round, indoor and outdoor complex
for baseball and softball.
Markle stated the City is prioritizing lifetime sports for an aging community as the population of
residents at retirement age and older is growing. Increased community diversity is resulting in
requests for emerging sports. The City is reconfiguring current fields to accommodate new
sports. Trends in the community will drive redevelopment of facilities in the longer term. The
City is conversing with the high school and other partners to discuss bringing emerging sports
including ultimate frisbee, badminton, and mountain biking. The City is using outdoor hockey
rinks for badminton in the summer. The need for a mountain bike track or a space to practice
skills is in discussion. Toomey asked if the high school has a mountain biking team. Markle
answered Eden Prairie High School does not have a team, but high schools in surrounding
communities do. Nelson noted she receives calls from residents interested in mountain biking.
Markle noted the City has a variety of adult athletic leagues. The softball, pickleball, indoor
volleyball, and sand volleyball leagues are the most popular. The Eden Prairie Community
Center (EPCC) offers pickup play for basketball, pickleball, volleyball, badminton, and
racquetball. Many leagues are based in the City, including over 20 cricket teams. Toomey asked
if the leagues are for adults or children. Markle confirmed there are both adult and child leagues.
Nelson asked if the City should consider constructing a second cricket pitch. Markle answered a
second cricket pitch would be utilized around the clock.
Markle explained from April through October, 1,100 adults participated in City leagues. 2,100
competitions were hosted, and 1,300 games were officiated. There are 312 adult athletics teams
participating year-round. Multiple leagues including bocce ball and flag football were
discontinued after COVID due to low participation. There is a referee shortage for multiple
reasons including poor behavior from participants and attendees.
Markle stated pickleball has significantly increased in popularity, including youth interest. The
City employes two pickleball attendees to ensure everyone has a good experience. There has
been tension from players at different levels vying for limited court space. 40 percent of EPCC
gym time is dedicated to pickleball.
Markle explained future trends and updates for the City. The City plans to build upon quality
programming, increase inclusivity for emerging groups, and increase organized play options for
17 to 19 year olds as a feeder program to adult leagues.
Markle next discussed youth athletic trends. The City has a longstanding relationship with
nonprofit partners such as the EP Soccer Club, EP Fastpitch, and EP Baseball Association. These
nonprofit partners, along with the Eden Prairie School District, receive priority for scheduling
fields. Nelson asked how hockey rink time is scheduled. Markle stated the City uses a similar
model where the school district and nonprofit partners receive priority.
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Markle explained the athletics landscape has changed significantly since the City’s athletics
policy was written. Residents have more options of sports and levels of competition to choose
from. With the rise of for profit organizations and increased competition, financial and time
commitments have increased. Climate change is increasing field maintenance needs. Cities are
working to rebuild youth and adult athletics interest after the pandemic. An increased number of
new teams are requesting field space. The City’s athletics policy allows for the school district
and nonprofit teams to rent facilities but does not address for profit teams.
Markle stated there has been an increase in groups using fields without creating a reservation.
These groups are hosting anything from practices to summer camp programs to tournaments,
creating maintenance challenges for the City. Toomey asked how the Cities respond to a group
utilizing a facility without a reservation. Markle answered the City attempts to educate the team
on reserving facilities through the proper channels, however there are multiple repeat offenders.
This has led to increased tension and the need to create a new process to address for profit team
reservations and repercussions for utilizing fields without a reservation.
Nelson asked if the City could identify organized teams utilizing fields without reservations and
send information on scheduling, cost, and penalties. Markle stated staff has invoiced
organizations for use of fields without a reservation. Peer cities have installed signage on fields
with reservation instructions. The revised athletics policy should outline repercussions for using
fields without a reservation.
Markle noted the City has opportunities to improve in the face of a changing landscape for both
longstanding partners and new emerging sports. Staff would like to create efficient field and
facility use, expand access, and improve service levels. Nonprofit groups and the school district
should continue to be prioritized, while continuing to incorporate emerging sports and teams.
Staffing and technology that supports timely communication should be explored to respond in
real time. Consequences should be laid out for teams using facilities without reservations.
Financial commitments from users should also be considered, as most peer cities charge for field
rental.
Markle explained staff has been working to develop a new athletic policy to meet changing
stakeholder needs. Staff has researched the athletic policies of surrounding cities, met with
athletic partners, and hired a third party consulting firm to collect survey information. Staff
hopes to bring the updated athletic policies to Council for a vote later this year. The updated
policy will address providing opportunities to gain access to local fields, creating an equitable
system, recognizing existing partnerships while making room for new partners, ensure fields
don’t suffer from overuse, and positioning the City as a resource for athletic associations.
Toomey asked if it’s necessary to charge for field space. Markle answered the extra revenue
would help upgrade technology, fund maintenance, and provide for extra staff time to manage
reservations. Toomey noted she did not think the City should add a new user fee. Case stated the
Council must weigh the options to determine if a user fee is worth it and the Council will
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consider the updated policy when presented. Nelson noted groups outside of Eden Prairie should
be charged as they aren’t contributing property taxes to the City. Case asked if there is any
location in the City for a second cricket pitch and noted his support for allocating resources to
this emerging sport.
Case stated he is interested to see how mountain biking interest progresses. Case additionally
asked if the City needs to consider defining motorized vehicles given the advances in electric
bikes. There is a wide spectrum of how fast an electric bike can travel. Nelson added the City
should communicate electric bike safety to residents. Markle stated mountain biking was
introduced to the Parks, Recreation and Natural Resources Commission last month. The City is
exploring options to offer mountain biking to residents.
Open Podium - Council Chamber (6:30)
II. OPEN PODIUM
a. KEVIN THOMPSON, EDEN PRAIRIE BASEBALL ASSOCIATION
Kevin Thompson, 8434 Red Oak Drive, introduced himself as the Eden Prairie Baseball
Association (EPBA) president. Thompson thanked staff for the time and effort dedicated to the
relationship with the EPBA. The EPBA strives to ensure baseball is accessible, affordable, and
competitive. Part of the success is due to the EPBA and other nonprofits receiving almost
exclusive use of the City’s outdoor fields. Thompson asked the Council to consider continuing to
limit outdoor field use by for-profit groups to ensure the wellbeing of nonprofit groups. Case
noted equity has always been an important issue to the Council. The Council will consider how
to best address the nonprofit and for-profit use of outdoor fields. Case thanked Thompson for his
time.
III. ADJOURNMENT
UNAPPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, OCTOBER 1, 2024 7:00 PM, CITY CENTER CITY COUNCIL Mayor Ron Case, Council Members Mark Freiberg, PG Narayanan, Kathy Nelson, and Lisa Toomey CITY STAFF City Manager Rick Getschow, Public Works Director Robert Ellis, Parks and Recreation Director Amy Markle, Community Development Director Julie Klima, Police Chief Matt Sackett, Fire Chief Scott Gerber, and City Attorney Maggie Neuville I. CALL THE MEETING TO ORDER
Mayor Case called the meeting to order at 7:00 PM. Council Members Mark Freiberg and PG Narayanan were absent. II. PLEDGE OF ALLEGIANCE
III. OPEN PODIUM INVITATION IV. PROCLAMATIONS / PRESENTATIONS
V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
Case added two Council Report Items: XIV.A.1. Accessing City Documents and Recordings and XIV.A.2. Early Voting.
MOTION: Toomey moved, seconded by Nelson to approve the agenda as amended. Motion carried 3-0. VI. MINUTES
A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 17, 2024
B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 17, 2024 MOTION: Toomey moved, seconded by Nelson, to approve the minutes of the
Council workshop held Tuesday, September 17, 2024, and the City Council
meeting held Tuesday, September 17, 2024, as published. Motion carried 3-0. VII. REPORTS OF ADVISORY BOARDS AND COMMISSIONS
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VIII. CONSENT CALENDAR A. ADOPT RESOLUTION NO. 2024-079 APPROVING APPOINTMENT OF ELECTION JUDGES FOR THE STATE GENERAL ELECTION
B. ADOPT RESOLUTION NO. 2024-080 AND AUTHORIZE ENTRY INTO LABOR CONTRACT WITH LAW ENFORCEMENT LABOR SERVICES, INC. (LELS) FOR EDEN PRAIRIE POLICE SERGEANTS
C. APPROVE STANDARD AGREEMENT FOR CONTRACT SNOW AND ICE MANAGEMENT SERVICES WITH EXCEL LAWN AND LANDSCAPE
D. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR STARING LAKE BRIDGE DESIGNS WITH HANSEN THORP PELLINEN OLSON, INC. (HTPO)
E. AWARD CONTRACT FOR VALLEY VIEW ROAD AND TRILLIUM CIRCLE RETAINING WALL TO BLAKEBOROUGH HARDSCAPES
F. APPROVE CONTRACT FOR GOODS AND SERVICES TO PURCHASE GENESIS RESCUE TOOLS FROM CLAREY’S SAFETY EQUIPMENT
G. APPROVE PURCHASE OF BODY-WORN, SQUAD, AND INTERVIEW ROOM CAMERAS FROM AXON
H. DECLARE PROPERTY AS ABANDONED
MOTION: Nelson moved, seconded by Toomey, to approve Items A-H on the Consent Calendar. Motion carried 3-0.
IX. PUBLIC HEARINGS / MEETINGS
A. WUNDERLICH PROPERTIES ADDITION by TWP Architects. First reading of Ordinance for PUD District Review with Waivers on 5.13 acres, Resolution No. 2024-081 for PUD Concept Plan Review on 5.13 acres.
Getschow stated Wunderlich-Malec Engineering is proposing an approximately 8,000 square foot vertical building addition to support increasing warehousing needs for their business at 6101 Blue Circle Drive. The plan maintains the existing building footprint and does not require land alteration. The applicant is requesting approval of a Site Plan Review and Planned Unit Development (PUD)
Amendment with waivers. The one waiver request is to reduce the required number of parking stalls. The Planning Commission voted 8-0 to recommend approval of this request at their September 9, 2024, meeting, with the conditions that a landscaping plan showing 25 caliper inches of new plantings is submitted and trash enclosures are added. The applicant has fulfilled both requests.
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Case asked why the situation requires a public hearing. Klima explained both a Planned Unit Development amendment and a Site Plan review require a public hearing.
Amy Schwabe, Partner with TWP Architects, introduced herself. She provided background on Wunderlich-Malec (WM) and its history with the site. The expansion would give WM the extra space it needs to serve its customers in a timely fashion.
Ms. Schwabe showed a site plan for the proposal and detailed the landscaping plan for the Council. She also showed the interior floor plans and the view of the proposed changes from the street.
Ms. Schwabe pointed out the exterior materials will match existing masonry. A
new trash enclosure to match the building will be constructed. The proposal is within the rest of Eden Prairie’s Code. Ms. Schwabe noted 38 stalls were added in 2019 and they are used for snow
storage. There are 136 existing stalls. The stalls required by existing square
footage is 167 and the proposed addition would require 187 parking spots. The business has 161 employees, but 108 of them work from home. Ms. Schwabe added the project of 8,050 square feet is less intensive than the 1993
expansion approval. The 1993 agreement contemplated and accepted tree loss.
The current proposal contemplates no tree loss and additional 25 caliper inches are included. The project requests a PUD waiver to allow for fewer parking stalls. The project is not expected to impact intersection or roadway operations.
Toomey asked if there is room for additional parking in the future should there be
the need. Ms. Schwabe confirmed a parking deck could be added to accommodate more parking spots. Case pointed out the City prioritizes solar panels. There isn’t a requirement, but
there are options for existing buildings to add on solar panels.
Nelson asked if the new roof will be solar-capable. Ms. Schwabe stated the roof could be solar-capable.
There were no comments from the audience.
MOTION: Nelson moved, seconded by Toomey, to close the public hearing, Motion carried 3-0.
MOTION: Nelson moved, seconded by Toomey, to adopt a Resolution for
Planned Unit Development Concept Review on 5.13 acres, approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with
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waivers on 5.13 acres, and direct Staff to prepare a Development Agreement incorporating Staff and Commission recommendations and Council conditions. Motion carried 3-0.
B. COSTCO FUEL FACILITY EXPANSION by Costco Wholesale. First reading of Ordinance for Planned Unit Development (PUD) review with Waivers on 18 acres, Resolution No. 2024-082 for PUD Concept Plan Review on 18 acres.
Getschow explained Costco is requesting a Site Plan Review and a PUD Concept
Review and Amendment with waivers to construct a seven-pump expansion,
equating to 14 new vehicle pump stations. Four of the pumps are in previously approved locations, and three more are proposed on the east side of the fuel facility, creating another row of pumps. The Planning Commission voted 8-0 to recommend approval of the project at the September 9, 2024 meeting.
Julie Anderson, Planning Consultant for Costco, stated the project is regarding an expansion of the Costco Fuel Facility. The project area includes the queue and eastern portion of the existing fuel facility area. The goal is to improve member fueling experience, reduce vehicle queues, and improve overall site circulation.
Ms. Anderson showed an aerial image of the site and detailed the existing facility. The proposal is for seven new dispensers, one new 30,000-gallon UST, and an expanded canopy. The design is consistent with the existing enclosure. She showed elevations of the proposed changes.
Ms. Anderson pointed out there was a traffic study completed. There would be an expected 50 percent decrease in wait times. The site driveways are projected to continue to operate acceptably. There have been recent transportation improvements nearby. She showed images of projected Saturday peak hour
queues. Overall, there are no adverse traffic impacts.
Ms. Anderson noted there will be additional light sensors to indicate pump availability. More room for the middle pump will increase maneuverability for customers.
Toomey asked if the driveway would be widened. Ms. Anderson confirmed the eastern driveway will be widened and a median will be added. There were no comments from the audience.
MOTION: Toomey moved, seconded by Nelson, to close the public hearing, adopt a Resolution for a Planned Unit Development Concept Review on 18 acres, approve the 1st Reading of the Ordinance for a Planned Unit Development District Review with waivers on 18 acres, and direct Staff to prepare an
Amendment to the current Development Agreement incorporating Staff and
Commission recommendations and Council conditions.
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Case pointed out there have been some concerns regarding the magnitude of the expansion. Chanhassen Costco had permission to build 32 pumps, but they only
built 24 pumps. He asked if it is normal for a Costco to have 30 pumps.
Chris Tiesler, Traffic Engineer for Costco, stated the minimum number of pumps is 24 for new Costco buildings. Busier areas start at 32 and expand up to 40.
Toomey asked if any sites have EV capability. Ms. Anderson stated Minnesota
Costco buildings do not have EV stations, but there are EV stations in other markets. Costco has a program for establishing EV stations. Case added EV stations wouldn’t compete with the gas pumps.
Case explained he previously commented a new gas station is unlikely to be
added to Eden Prairie because it is rather built-out. Residents aren’t interested in adding gas stations to their neighborhoods, and the Council aims to listen to the residents. The expansion for Costco gas pumps would better serve residents.
Nelson added she looks forward to the decreased pollution with shorter queues.
She encouraged Costco to consider adding EV charging stations to their site. VOTE ON THE MOTION: Motion carried 3-0.
X. PAYMENT OF CLAIMS
MOTION: Nelson moved, seconded by Toomey, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Nelson, Toomey, and Case voting “aye.”
XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS, AND COMMUNICATIONS
XIII. APPOINTMENTS
XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS
1. Accessing City Documents and Recordings – Council Member Toomey Toomey explained she has received questions about accessing Council meeting packets and minutes. She pointed out the workshops are open to
the public.
Getschow showed a slide depicting how to access the calendar, meeting
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recordings, agenda packets, and meeting minutes. There is also an option to subscribe to email notifications if documents, meeting recordings, or other resources are posted to the City website.
2. Early Voting —Mayor Case Case stated early voting is underway. Eden Prairie has about 42,000 registered voters and over 1,000 votes have already been received. Staff
works hard to ensure fair, accessible elections. Early voting is open 8:00
a.m. to 4:30 p.m. on Monday through Friday. There are extended hours including a Saturday and Sunday in November. B. REPORT OF CITY MANAGER
C. REPORT OF COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR
E. REPORT OF PUBLIC WORKS DIRECTOR
F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF
H. REPORT OF CITY ATTORNEY XV. OTHER BUSINESS
XVI. ADJOURNMENT
MOTION: Nelson moved, seconded by Toomey, to adjourn the meeting. Motion carried 3-0. Mayor Case adjourned the meeting at 7:46 p.m.
Respectfully submitted, ________________________
Sara Aschenbeck, Administrative Support Specialist
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 15, 2024
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Ben Schneider
ITEM DESCRIPTION:
Wunderlich-Malec Building Addition – 2nd Reading
ITEM NO.:
VIII.A.
Requested Action
Move to:
• Approve the 2nd Reading of the Ordinance for a Planned Unit Development District Review with waivers on 5.13 acres; and
• Adopt Resolution for Site Plan on 5.13 acres, and
• Approve the Development Agreement Synopsis
Wunderlich-Malec Engineering is proposing an approximately 8,000 square foot vertical building addition to support increasing warehousing needs for their business at 6101 Blue Circle Drive. The plan maintains the existing building footprint and does not require land alteration. The applicant is requesting approval of a Site Plan Review and Planned Unit Development (PUD) Amendment with waivers. The one waiver request is to reduce the required number of parking stalls.
Background The public hearing and first reading for this project was held at the October 1, 2024, City Council meeting. The 120-day review period expires on November 15, 2024. Attachments 1. Ordinance for Planned Unit Development District Review with waivers 2. Resolution for Site Plan
3. Development Agreement
WUNDERLICH-MALEC BUILDING ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That the land is currently designated within the I-2 Zoning District as PUD-14-93-Industrial as reflected in Ordinance No. 39-93-PUD-14-93. Section 2. That action was duly initiated proposing that the designation of the land be
amended within the I-2 Zoning District as -2024-PUD-_-2024 (hereinafter "PUD-_-2024”).
Section 3. The City Council hereby makes the following findings: A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of
the City.
B. PUD-_-2024 is designed in such a manner to form a desirable and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-_-2024 are justified by the design of the development described therein. D. PUD-_-2024 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without dependence upon any subsequent unit.
Section 4. The proposal is hereby adopted that PUD-14-93-Industrial be amended
and the designation of the land shall be, and hereby is amended in the I-2 Zoning District as Planned Unit Development PUD-_-2024 and the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended accordingly.
Section 5. The land shall be subject to the terms and conditions of that certain Development Agreement dated September 21, 1993, and the City of Eden Prairie, as amended by
the terms and conditions of that certain First Amendment to Development Agreement dated
______________, 2024, entered into between Wunderlich Properties II, LLC, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2024, and are hereby made a part hereof.
Section 6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein.
Section 7. This Ordinance shall become effective from and after its passage and
publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 1st day of October, 2024, and finally read and adopted and ordered published in summary form as
attached hereto at a regular meeting of the City Council of said City on the ___ day of _______,
2024. ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ___________________, 2024.
EXHIBIT A
PUD Legal Description
Lot 1, Block 1 except that part thereof lying Westerly of a line drawn parallel with and 45 feet
Easterly of the West line of said lot 1 (measured at right angles to the West line of said Lot 1), Opus II 2nd addition, Hennepin County, Minnesota. Together with that part of Blue Circle Drive as dedicated in the plat of Opus II 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota lying Easterly of a line
described as commencing at the Northwest corner of Lot 1, Block 1, said Opus II 2nd Addition; thence Easterly along a North line of said Lot 1 a distance of 251.60 feet to a point of curvature, being the point of the beginning of the line to be described; thence Northerly and at a right angle a distance of 33.00 feet to the north line of said Opus II 2nd Addition and said line there terminating, Hennepin County, Minnesota.
WUNDERLICH-MALEC BUILDING ADDITION
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __-2024-PUD-__-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning designation of land located within the I-2 Zoning District within a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR WUNDERLICH-MALEC BY TWP ARCHITECTS WHEREAS, TWP Architects, has applied for Site Plan approval of Wunderlich-Malec to construct an approximately 8,000 square foot building addition; WHEREAS, zoning approval for Wunderlich-Malec was granted by an Ordinance approved by the City Council on October 1, 2024; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its September 9, 2024, meeting and recommended approval of said site plan; and
WHEREAS, the City Council has reviewed said application at a public hearing at its
September 9, 2024 meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in
Exhibit A attached hereto is granted to TWP Architects, subject to the Development Agreement
between Wunderlich Properties II, LLC. and the City of Eden Prairie, reviewed and approved by the City Council on October 15, 2024.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2024.
________________________________
Ronald A. Case, Mayor
ATTEST:
___________________________
David Teigland, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 1, Block 1 except that part thereof lying Westerly of a line drawn parallel with and 45 feet Easterly of the West line of said lot 1 (measured at right angles to the West line of said Lot 1),
Opus II 2nd addition, Hennepin County, Minnesota. Together with that part of Blue Circle Drive as dedicated in the plat of Opus II 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota lying Easterly of a line described as commencing at the Northwest corner of Lot 1, Block 1, said Opus II 2nd Addition;
thence Easterly along a North line of said Lot 1 a distance of 251.60 feet to a point of curvature, being the point of the beginning of the line to be described; thence Northerly and at a right angle a distance of 33.00 feet to the north line of said Opus II 2nd Addition and said line there terminating, Hennepin County, Minnesota.
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FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
Wunderlich-Malec Building Addition
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (“Amendment”) is entered into as of October 15, 2024, by Wunderlich Properties II, LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY
OF EDEN PRAIRIE, a municipal corporation, hereinafter referred to as “City”:
WITNESSETH: WHEREAS, Developer has applied to City for Planned Unit Development Concept
Review on 5.13 acres, Planned Unit Development District Amendment with waivers on 5.13 acres,
and Site Plan Review on 5.13 acres, for real property legally described on Exhibit A (the “Property”); WHEREAS, Developer’s predecessor-in-interest and City entered into that certain
Development Agreement between the parties dated September 21, 1993, pertaining to the Property,
a copy of which is on file with the City (“Original Development Agreement”); and WHEREAS, Developer and City wish to amend the Original Development Agreement to provide for new construction on the Property in accordance with the applications.
NOW, THEREFORE, in consideration of the City adopting Resolution No. __________
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for Planned Unit Development Concept Review, Ordinance No. __________ for Planned Unit Development Amendment Review, and Resolution No. ____________ for Site Plan Review,
Developer agrees to construct, develop and maintain the Property as follows:
1. REAFFIRMING CONDITIONS OF DEVELOPMENT AGREEMENT: Developer agrees to all of the terms, conditions and obligations of “Developer” under the Original
Development Agreement, except as inconsistent with or amended by this Amendment.
2. PLANS: Developer must develop the Property in conformance with the materials revised and stamp dated September 18, 2024, reviewed and approved by the City Council on October 1, 2024, identified on Exhibit B (hereinafter the “Plans”), subject to such changes
and modifications as provided herein.
3. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set forth in Exhibit C.
4. EXTERIOR MATERIALS: As part of the building permit application materials,
Developer must submit to the City Planner, and receive the City Planner’s written approval of a plan depicting exterior materials and colors to be used on the buildings on the Property consistent with the Exhibit B Plans.
Prior to issuance of any occupancy permit for the Property, Developer must complete
implementation of the approved exterior materials and colors plan in accordance with the terms and conditions of Exhibit C. 5. LANDSCAPE PLAN:
Prior to issuance of a building permit, the Developer must submit to the City Planner and receive the City Planner’s written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or
tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs,
perennials, and grasses. The approved landscape or tree replacement plan must include replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot minimum height for conifer trees. The approved landscape plan must also provide that, should there be tree loss, Developer must provide tree replacement on a caliper inch per
caliper inch basis for such excess loss.
Prior to building permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements
including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape
and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The
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Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during
which rainfall and temperature allow plants to grow (approximately April-October).
The installation must conform to the approved landscape plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to
removal and relocation, must be reviewed and approved by the City Planner prior to
implementing such changes. Developer must complete implementation of the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement.
6. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening
is included with the Landscape Security. Developer must complete construction of
mechanical equipment screening prior to issuance of any occupancy permit for the Property. If, after completion of construction of the mechanical equipment screening, it is determined
by the City Planner, in his or her sole discretion, that the constructed screening does not
meet City Code requirements to screen mechanical equipment from public streets and differing, adjacent land uses, then the City Planner will notify Developer and Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner. Developer agrees that the City will not
release the Landscape Security until Developer completes all such corrective measures.
7. MORTGAGEE CONSENT AND SUBORDINATION: For any mortgage lien recorded against the Property prior to recording this Agreement, Developer must deliver to the City a mortgagee consent and subordination in a form approved by the City and attach the
executed form to the Agreement submitted for recording.
8. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals are required prior to issuance by the City of the corresponding City permit(s). The agencies
issuing such approvals include, but are not necessarily limited to the following: the
Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Nine Mile Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, and Hennepin County.
The City Planner may determine that conditions of approval required by the Nine Mile
Creek Watershed District require changes to the City approvals granted with this
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Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council.
Developer consents to such additional review as determined by the City Planner and agrees
to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 9. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage
of inoperable automobiles, automobile parts, equipment, inventory, or refuse.
10. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the I-2 Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers as part of PUD (list PUD number):
A. Number of parking stalls from 187 parking stalls to 136 parking stalls. City Code requires 5 parking stalls per 1,000 square feet of office space, 3 parking stalls per 1,000 square feet of manufacturing space, and 0.5 parking stalls per 1,000 square
feet of warehousing space. Applying these requirements, 187
parking stalls would be required. The waiver allows 136 parking stalls. 11. SIGNS: For each sign which requires a permit under Eden Prairie City Code Section 11.70,
Developer must obtain a sign permit from the City. The application must include a
complete description of the sign and a sketch showing the size, location, the manner of construction, and other such information as necessary to inform the City of the kind, size, material construction, and location of any such sign in accordance with the requirements of City Code, Section 11.70, Subdivision 5.
12. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of 28 feet in height. Developer must complete implementation of the lighting plan in Exhibit B prior to issuance of any occupancy permit for the Property.
13. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the Property Owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and:
1. The designated salt storage area is indoors;
2. The designated salt storage area is located on an impervious surface and downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented.
Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from
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the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the application of appropriate deicing material at the proper amount and rate.
Snow must not be stored in any required parking or stormwater treatment areas. If the Property does not provide adequate snow storage areas, the Developer and/or Owner must remove the snow from the Property.
14. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling,
and organic waste bins or receptacles will at all times be located inside of the enclosure as depicted on the Plans. 15. TRASH ENCLOSURE: The trash enclosure must be constructed with the materials as
depicted in Exhibit B to match the building, include a roof, and include gates that
completely screen the interior of the enclosure. Developer must complete the trash enclosure prior to issuance of any occupancy permit for the Property.
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IN WITNESS WHEREOF, the parties to this Amendment have caused this instrument to be executed as of the day and year first listed above.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case Its Mayor
By____________________________
Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 2024, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
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Wunderlich Properties II, LLC By ________________________________
Its ________________________________
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2024, by _______________________________________, the , of
Wunderlich Properties II, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE 8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
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EXHIBIT A
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT – WUNDERLICH-MALEC BUILDING ADDITION
Legal Description Lot 1, Block 1 except that part thereof lying Westerly of a line drawn parallel with and 45 feet Easterly of the West line of said lot 1 (measured at right angles to the West line of said Lot 1), Opus II 2nd addition, Hennepin County, Minnesota.
Together with that part of Blue Circle Drive as dedicated in the plat of Opus II 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota lying Easterly of a line described as commencing at the Northwest corner of Lot 1, Block 1, said Opus II 2nd Addition; thence Easterly along a North line of said Lot 1 a distance of 251.60 feet to a point of curvature,
being the point of the beginning of the line to be described; thence Northerly and at a right angle
a distance of 33.00 feet to the north line of said Opus II 2nd Addition and said line there terminating, Hennepin County, Minnesota.
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EXHIBIT B
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT – WUNDERLICH-MALEC BUILDING ADDITION Sheet C0.0 – Title Sheet by Civil Site Group dated September 20, 2024 Sheet V1.0 – ALTA/NSPS Land Title Survey by Civil Site Group dated April 10, 2024
Sheet C1.0 – Existing Conditions, Tree Survey & Landscape Calcs by Civil Site Group dated
September 20, 2024 Sheet C1.1 – Tree Preservation Plan Inventory & Calculations by Civil Site Group dated September 20, 2024 Sheet C2.0 – Site Plan by Civil Site Group dated September 20, 2024
Sheet L1.0 – Landscape Plan by Civil Site Group dated September 20, 2024
Sheet A2.1 – First Floor Demolition Plan by TWP Architects dated September 20, 2024 Sheet A3.1 – Floor Plan by TWP Architects dated September 20, 2024 Sheet A5.1 – Exterior Elevations by TWP Architects dated September 20, 2024 Sheet PE1 – Photometric Site Plan by Wunderlich-Malec dated August 13, 2024
Traffic Memo by Transportation Collaborative & Consultants dated July 18, 2024
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EXHIBIT C
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT – WUNDERLICH-MALEC BUILDING ADDITION 1. The Development Agreement must be recorded with the Hennepin County Recorder and/or
Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to
the issuance of any permit or approval for the development, unless specifically authorized by the City Planner. The final plat will not be released until recording of the Development Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be
complied with by the Developer.
2. Prior to release of the final plat, Developer must submit public infrastructure plans to the City Engineer for approval (1” = 50’ scale).
3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed
Property”), Developer represents and warrants as follows:
a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed Property is or will be marketable fee title, free and clear of all mortgages, liens, and other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat
approval, Developer must provide title evidence satisfactory to the City Attorney
establishing Marketable Title. The City, at its discretion, may require Developer to provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance.
b. That Developer has not used, employed, deposited, stored, disposed of, placed, or
otherwise allowed to come in or on the Dedicated or Conveyed Property, any hazardous substance, hazardous waste, pollutant, or contaminant, including, but not limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”).
c. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property, any Hazardous Substances.
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d. That no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed
Property any Hazardous Substances.
Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns, against any and all loss, costs, damage, or expense, including reasonable attorneys fees, that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which
were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed
of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 4. Developer must submit detailed construction and storm sewer plans to the relevant
Watershed District for review and approval. Developer must follow all rules and
recommendations of said Watershed District.
5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property.
6. The City will not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property.
7. Prior to release of the first building permit for the Property, and for any subsequent building
permit for the Property if required by the City in its sole discretion, Developer must submit
to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots, location of walks, trails,
and any property deeded to the City.
8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access
charge (WAC), park dedication, and other applicable fees. Developer must contact the
Metropolitan Council to determine the number of SAC units.
9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division.
10. Prior to building permit issuance and except as otherwise authorized in the approved Plans,
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any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained
through the Inspections Division.
11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building locations and all proposed streets, with approved street names, lot arrangements, and property lines.
12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement
and all approvals listed above were approved.
13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property.
14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to
constitute any person as a third-party beneficiary of the Agreement or of any one or more
of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement.
15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer
violates, or fails, or refuses to perform any covenant, condition, or provision of this
Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or
revoke any approvals granted by the City. No remedy conferred in this Agreement is
intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy.
16. No failure of the City to comply with any term, condition, or covenant of this Agreement
will subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City.
17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
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identify the legal description of the Property after platting thereof.
18. The Developer grants the City, its agents, employees, officers, and contractors a license to
enter the Property to perform all work and inspections deemed appropriate by the City in
conjunction with this Agreement.
19. Developer will pay upon demand to the City all costs incurred by the City in conjunction with the Applications. These costs include internal City administrative, planning and, engineering costs and consulting costs, including but not limited to legal, engineering,
planning and financial, in review, investigation, administering and processing the
Applications and implementation of the approvals granted by the City.
20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which a bond, letter of credit, cash deposit or other security ( “Security”) is required if the
Developer defaults with respect to any term or condition in this Agreement for which
Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the Developer has initiated and is diligently pursuing such cure. The Developer acknowledges
that the City does not assume any obligations or duties of the Developer with respect to
any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City.
The City may draw down on or make a claim against the Security, as appropriate, upon five (5) business days notice to the Developer, for any violation of the terms of this
Agreement or if the Security lapses prior to the end of the required term.
If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or otherwise extended beyond the expiration date, the City may also draw down or make a
claim against the Security as appropriate. If the City draws down or makes a claim against
the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement.
21. In the event of a violation of City Code relating to use of the Property and construction
thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this
Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for construction or occupancy on the Property while such a violation is continuing.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement will be determined solely and conclusively by the City
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Manager or his or her designee.
22. Developer will release, defend, and indemnify City, its elected and appointed officials,
employees, and agents from and against any and all claims, demands, lawsuits, complaints,
loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors, subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or
approval by City.
23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements
and City Ordinances.
24. Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation
of applicable laws or regulations.
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CONSENT AND SUBORDINATION
The undersigned, owner of that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated October 9, 2015, recorded in the office of the Hennepin County Registrar of Titles, on October 20, 2015 as Document No. 5299096, as amended by Document No. 5354416 (filed June 9, 2016) and Document No. 5822004 (filed April
6, 2021) covering the Property described on Exhibit A hereto, for valuable consideration, does
hereby consent to and subordinates it interest in the Property to that certain Development Agreement, to which this Consent and Subordination is attached, dated ______ __, 2024 by Wunderlich Properties II, LLC to the City of Eden Prairie.
CHOICE FINANCIAL GROUP By:
Its:
STATE OF __________ ) ) ss. COUNTY OF ________________ )
On the ______ day of _______________, 2024, before me personally came ___________________________, to me known, who being duly sworn by me stated that he/she is the __________________________ of Choice Financial Group, a North Dakota banking corporation, and that he/she is duly authorized to execute the foregoing instrument.
______________________________ Notary Public
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Exhibit A to Consent and Subordination
Legal Description Lot 1, Block 1 except that part thereof lying Westerly of a line drawn parallel with and 45 feet Easterly of the West line of said lot 1 (measured at right angles to the West line of said Lot 1),
Opus II 2nd addition, Hennepin County, Minnesota.
Together with that part of Blue Circle Drive as dedicated in the plat of Opus II 2nd Addition, according to the recorded plat thereof, Hennepin County, Minnesota lying Easterly of a line described as commencing at the Northwest corner of Lot 1, Block 1, said Opus II 2nd Addition;
thence Easterly along a North line of said Lot 1 a distance of 251.60 feet to a point of curvature,
being the point of the beginning of the line to be described; thence Northerly and at a right angle a distance of 33.00 feet to the north line of said Opus II 2nd Addition and said line there terminating, Hennepin County, Minnesota.
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 15, 2024
DEPARTMENT/DIVISION:
Community Development/Planning
Julie Klima/ Sarah Strain
ITEM DESCRIPTION:
11609 Leona Road Redevelopment
ITEM NO.:
VIII.B.
Requested Action
Move to:
• Approve the 2nd Reading of an Ordinance for a PUD District Review with waivers on 3.44 acres;
• Adopt a Resolution for Site Plan Review on 3.44 acres; and
• Approve the Development Agreement for 11609 Leona Road Redevelopment Synopsis This is the final reading for 11609 Leona Road Redevelopment. The applicant is requesting
approval to redevelop the current Office Depot site and reuse a portion of the current building for a Planet Fitness and to construct a new Starbucks drive-thru restaurant in the northwest corner of the site. The Developer is planning to redevelop the northeast corner in a future phase. Should that redevelopment not occur at this corner within the next two (2) years, the parking lot in the northeast corner will be repaved and planted with new landscaping to match the currently
proposed site improvements. Two (2) waivers are requested as part of this project: impervious surface coverage of 75 percent and a 27-foot front yard setback along Leona Road for the new Starbucks building. These waivers trigger the Sustainable Building Standards for the new Starbucks building.
The 1st reading for this project was held at the September 17, 2024, City Council meeting. The 120-day review period expires on November 20, 2024. Attachments
1. Ordinance for PUD District Review with Waivers 2. Resolution for Site Plan 3. Development Agreement
11609 LEONA ROAD REDEVELOPMENT
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. -2024-PUD-_-2024
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. That the land which is the subject of this Ordinance (hereinafter, the “land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That the land is currently designated within the Commercial-Regional-Services Zoning District PUD-20-97-C-Regional Service, as reflected in Ordinance No. 30-97-PUD-20-97 (hereinafter 30-97-PUD-20-97).
Section 2. That action was duly initiated proposing that the designation of the land be
amended within the Commercial-Regional-Services Zoning District as -2024-PUD-_-2024 (hereinafter "PUD-_-2024”). Section 3. The City Council hereby makes the following findings:
A. PUD-_-2024 is not in conflict with the goals of the Comprehensive Guide Plan of the City. B. PUD-_-2024 is designed in such a manner to form a desirable and unified
environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City Code that are contained in PUD-_-2024 are justified by the design of the development described therein.
D. PUD-_-2024 is of sufficient size, composition, and arrangement that its construction, marketing, and operation are feasible as a complete unit without
dependence upon any subsequent unit.
Section 4. The proposal is hereby adopted that 30-97-PUD-20-97 be amended and the designation of the land shall be, and hereby is amended in the C-REG-SER Zoning District as Planned Unit Development PUD-_-2024 and the legal descriptions of land in each district
referred to in City Code Section 11.03, subdivision 1, subparagraph B, shall be and are amended
accordingly.
Section 5. The land shall be subject to the terms and conditions of that certain
Development Agreement dated October 15, 2024, entered into between Ridgecrest Eden Prairie
II LLC, and the City of Eden Prairie (hereinafter “Development Agreement”). The Development Agreement contains the terms and conditions of PUD-_-2024 and are hereby made a part hereof. Section 6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 17th Day of September, 2024, and finally read and adopted and ordered published in summary form as attached hereto at a regular meeting of the City Council of said City on the 15th day of
October, 2024.
ATTEST:
__________________________________ ___________________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ____________________, 2024.
EXHIBIT A
PUD Legal Description Legal Description
Lot 1, Block 1, Office Depot Addition, Hennepin County,
11609 LEONA ROAD REDEVELOPMENT
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF
ORDINANCE NO. __-2024-PUD-__-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING THE DESIGNATION OF CERTAIN LAND WITHIN A ZONING DISTRICT AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summary: This ordinance allows amendment of the zoning designation of land
located within the Commercial-Regional-Services Zoning District within a Planned Unit Development District. Exhibit A, included with this Ordinance, gives the full legal description of this property. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ David Teigland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2024. (A full copy of the text of this Ordinance is available from City Clerk.)
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-____
A RESOLUTION GRANTING SITE PLAN APPROVAL
FOR 11609 LEONA ROAD REDEVELOPMENT BY TOLD DEVELOPMENT WHEREAS, Told Development has applied for Site Plan approval 11609 Leona Road to demolish a portion of an existing building and construct a new building with a drive-thru, herein called “property redevelopment”; WHEREAS, zoning approval for the property redevelopment was granted by an
Ordinance approved by the City Council on September 17, 2024; and
WHEREAS, the Planning Commission reviewed said application at a public hearing at its August 26, 2024 meeting and recommended approval of said site plans; and
WHEREAS, the City Council has reviewed said application at a public hearing at its September 17, 2024, meeting.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL
OF THE CITY OF EDEN PRAIRIE, that site plan approval for property legally described in
Exhibit A attached hereto is granted to Told Development, subject to the First Amendment to the Development Agreement between Ridgecrest Eden Prairie II, LLC and the City of Eden Prairie, reviewed and approved by the City Council on October 15, 2014.
ADOPTED by the City Council of the City of Eden Prairie this 15th day of October, 2024.
_____________________________
Ronald A. Case, Mayor
ATTEST:
____________________________
David Teigland, City Clerk
EXHIBIT A
Site Plan
Legal Description: Lot 1, Block 1, Office Depot Addition, Hennepin County,
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11609 Leona Road Redevelopment Development Agreement
DEVELOPMENT AGREEMENT
11609 Leona Road Redevelopment
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into as of
__________, 2024, by Ridgecrest Eden Prairie II LLC, a Minnesota limited liability company, hereinafter referred to as “Developer,” its successors and assigns, and the CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as “City”:
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept Review on 3.44 acres, Planned Unit Development District Review with waivers on 3.44 acres, and Site Plan Review on 3.44 acres, (the “Applications”), for real property legally described on Exhibit
A (the “Property”); WHEREAS, on September 17, 2024, the City Council authorized the issuance of an early demolition permit for the Property; and
WHEREAS, Developer’s predecessor-in-interest, Office Depot, Inc., and City entered into
that certain Development Agreement between the parties as of June 17, 1997, pertaining to the Property (“Original Development Agreement”). NOW, THEREFORE, in consideration of the City adopting Resolution No. __________
for Planned Unit Development Concept Review on 3.44 acres, Ordinance No. __________ for
Planned Unit Development District Review with waivers on 3.44 acres, and Resolution No.
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11609 Leona Road Redevelopment Development Agreement
__________ for Site Plan Review on 3.44, Developer agrees to construct, develop and maintain the Property as follows:
1. ORIGINAL DEVELOPMENT AGREEMENT: This Agreement supersedes the Original Development Agreement in its entirety as it applies to the Property. 2. CROSS ACCESS, USE, AND MAINTENANCE AGREEMENT: The Property is
subject to that certain Reciprocal Easement Agreement dated February 23, 2001, filed with
the Hennepin County Registrar of Titles on August 20, 2001 as Document No. 3423527, which provides for reciprocal ingress, egress, parking, utility, and surface water drainage easements and specifies maintenance obligations between the Property and Lot 2, Block 1, Office Depot Addition (the “Reciprocal Easement Agreement”). Developer must ensure
that the Reciprocal Easement Agreement or a similar agreement that addresses joint vehicle
access, use, and maintenance of parking, driveways, ponds and storm sewers on the Property and Lot 2, Block 1, Office Depot Addition, remains in effect for the Property. 3. PLANS: Developer must develop the Property in conformance with the materials revised
and stamp dated September 10, 2024, reviewed and approved by the City Council on
September 17, 2024, identified on Exhibit B (hereinafter the “Plans”), subject to such changes and modifications as provided herein. 4. EXHIBIT C: Developer agrees to the terms, covenants, agreements, and conditions set
forth in Exhibit C.
5. ACCESS DURING CONSTRUCTION: The Developer must provide parking, access, and delivery areas within the Property during site development including grading, utility installation, and project buildout. Developer must submit and receive approval of a plan
addressing parking, access, and delivery prior to issuance of a land alteration permit.
Access to and from the Caribou Coffee drive-thru located on Lot 2, Block 1, Office Depot Addition, as depicted in the Construction Phasing Plan – Phase 1 with Public Works Director Notes in Exhibit B, must be maintained throughout all phases of construction with
the exception of necessary sanitary sewer and paving work. This necessary work must be
completed in the shortest amount of time required to complete the work to City standards. Prior to closing the drive-thru access, Developer must provide written notice to the City and to the owner of Lot 2, Block 1, Office Depot Addition, at least thirty (30) days prior to the date of closure and again three (3) days prior to the date of closure. Developer must
coordinate with the owner and the City to determine a least impactful scenario for any
closure of the drive-thru access. 6. CONTRACTOR STORAGE: The Developer must provide contractor parking, storage, and delivery areas within the Property boundaries during site development including
grading, utility installation, and project buildout. Contractor parking, storage, and
deliveries on public streets, sidewalks, or in any other areas that would impede public
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11609 Leona Road Redevelopment Development Agreement
access to Lot 2, Block 1, Office Depot Addition, is prohibited. Developer must submit a plan addressing contractor storage to the City Engineering Division with the land alteration
permit application for review and approval.
7. FUTURE DEVELOPMENT: Developer acknowledges that the City has approved development plans only for the partial demolition and reuse of the existing building and the new building construction in the northwest quadrant of the Property, as depicted in the
Plans. Prior to any development or construction in the northeast quadrant of the Property,
other than the parking lot improvements depicted in the Plans, Developer will be required to submit detailed development plans and all other submittals required by the Eden Prairie City Code and obtain approval of those plans and submittals from the Planning Commission and City Council.
Developer will reconstruct the parking lot in the northeast quadrant of the Property, including repaving and construction of new parking lot islands as depicted on the Plans, or obtain a Certificate of Occupancy for future redevelopment in the northeast quadrant, by = July 1 2026. Developer shall submit a security in the form of bond, cash escrow or letter
of credit equal to 125% of the estimated cost to reconstruct the northeast quadrant as
depicted on the Plans, to the City prior to the issuance of a Certificate of Occupancy for the remodeled building. 8. GRADING, DRAINAGE, AND STORMWATER POLLUTION PREVENTION
PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the grading and drainage plan contained in the Plans is conceptual. Prior to the release of a land alteration permit for the Property, Developer must submit and obtain the City
Engineer's written approval of a final grading and drainage plan for the Property.
The final grading and drainage plan must be prepared and properly signed by a currently licensed Professional Civil Engineer hired by the Developer. The final grading and drainage plan must include:
1. “Stormwater Facilities” as that term is defined in City Code Section 11.55,
Subd. 2, including all stationary, temporary, and permanent stormwater BMPs designed, constructed and operated to prevent or reduce the discharge of pollutants in stormwater as well as structures built to collect, convey or store stormwater (“Stormwater Facilities”); and
2. Any other items required with the land alteration permit application and/or by
the City Engineer for release of the permit. B. LAND ALTERATION PERMIT: Developer must submit the following with all land alteration, grading and/or filling permit applications as described below and in
accordance with City Code:
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11609 Leona Road Redevelopment Development Agreement
1. Design calculations for storm water quality, rate, 100-year high water level (HWL), and volume, together with a drainage area map;
2. Logs for geotechnical borings and/or infiltration tests within the footprint of all proposed permanent stormwater management BMPs. Geotechnical borings must extend to a minimum depth of five (5) feet below the proposed bottom of the BMP. If the infiltration rates indicated by the geotechnical borings and/or
infiltration tests are more restrictive than the assumptions made in the
Stormwater Management Report, the design of the permanent stormwater management BMPs must be amended accordingly and an updated Stormwater Management Report must be provided.
3. Financial security in the form of a bond, cash escrow, or letter of credit, equal
to 125% of the cost of the improvements to be made pursuant to the permit, in a format approved by the City and as required by City Code Section 11.55, Subd. 11 (the “Land Alteration Security”);
4. At the request of the City Engineer, a maintenance and monitoring plan must
be submitted for all privately owned Stormwater Facilities to ensure they continue to function as designed in perpetuity, pursuant to and in accordance with City Code Section 11.55, Subd. 7 (“Maintenance and Monitoring Plan”). The Maintenance and Monitoring Plan must include, at a minimum:
a) The party(s) responsible for maintenance;
b) Access plans for inspections, monitoring and/or maintenance; c) Planting plan (if applicable); d) Routine and non-routine inspection procedures; e) Frequency of inspections;
f) Sweeping frequency for all parking and road surfaces (if applicable);
g) Plans for restoration or repairs (including reduced infiltration when applicable); h) Performance standards; and i) Corrective actions that will be taken if the stormwater facility(s) does not
meet performance specifications.
5. Documentation establishing that any Stormwater Facilities constructed and installed under a structure are designed in conformance with the standards outlined in the Minnesota Stormwater Manual published by the Minnesota
Pollution Control Agency (the “Minnesota Stormwater Manual”). The
underground system must be kept off-line until construction is complete; 6. Erosion and sedimentation control plan;
7. Copy of the Stormwater Pollution Prevention Plan (“SWPPP”) if required by
the Minnesota Pollution Control Agency Construction Stormwater Permit; and
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11609 Leona Road Redevelopment Development Agreement
8. Infiltration Practices: All proposed practices, measures and methods must be in
accordance with the Minnesota Stormwater Manual. For land alteration permit
applications for projects that incorporate infiltration practices as part of the Stormwater Facility, this includes but is not limited to: a) Construction management practices that will be used to ensure the
infiltration system(s) will be protected during construction and functional
after completion of construction; b) Erosion control measures that will be used to delineate and protect the infiltration system(s) during construction; c) Proposed infiltration volumes in cubic feet and rates in inches per hour;
d) Methods that will be used for field verification of infiltration for
stormwater infiltration systems; e) Methods that will be used to assure that infiltration is restored, if needed; f) Locations for material storage establishing that materials will not be stockpiled or stored within the proposed infiltration area(s);
g) Vehicular access and parking routes (must not be allowed within the
infiltration area(s)); and h) Construction techniques that will be used to protect the infiltration capacity by limiting soil compaction the greatest extent possible, including use of erosion control fencing to delineate the infiltration area
and use of low-impact earth moving equipment.
C. STORMWATER FACILITY MONITORING DURING CONSTRUCTION: The Developer must employ the licensed Professional Engineer who prepared the final grading plan or another licensed professional qualified to perform the work
(to be approved in writing by the City Engineer) to complete the following:
1. Monitor the construction of Stormwater Facilities and temporary BMPs for conformance to the approved final grading plan, the Minnesota Storm Water Manual, and the SWPPP.
2. Enter all inspection, monitoring, and maintenance activities and/or reports regarding site construction and land alteration permit requirements into the City’s web-based erosion and sediment control permit tracking program (currently PermiTrack ESC). Inspections must be conducted at least bi-weekly
between April 1 and October 31 and after precipitation events exceeding 0.5
inches. D. STORMWATER FACILITY MAINTENANCE: Stormwater Facilities must be maintained by the Developer during construction and for a minimum of two (2) full
growing seasons after City acceptance of the public infrastructure as determined by
the City Engineer. Repairs completed during this time must be done in accordance
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11609 Leona Road Redevelopment Development Agreement
with the land alteration permit and City Code Section 11.55, Subd. 7. Repairs to privately owned and maintained Stormwater Facilities must be done in accordance
with the Maintenance and Monitoring Plan. If the Stormwater Facilities are not
functioning as designed at the end of the minimum 2-year period, the City Engineer may extend the Developer’s maintenance responsibility or require further repairs. Once the minimum 2-year period has been reached or the City has determined that
the Stormwater Facilities conform to the design criteria established in the land
alteration permit and the SWPPP, whichever is longer, the then-current owner of the Property will be responsible for all future inspections and maintenance of the Stormwater Facilities in accordance with City Code Section 11.55, Subd. 7. If there is a drainage easement present over the Stormwater Facility(s), the easement holder
will be responsible for inspections and maintenance. There is an existing drainage
and utility easement present over a portion of the Stormwater Facility with the basin identification number of 14-12-A; however, the Developer and/or Owner is solely responsible for all inspections and maintenance of 14-12-A per Exhibit E.
Pervious surfaces must be stabilized with seed and mulch or sod and all impervious
surfaces must be completed prior to final grading and planting of the stormwater infiltration systems. E. LAND ALTERATION PERMIT FINANCIAL SECURITY RELEASE: Prior
to release of the Land Alteration Security, Developer must complete
implementation of the approved SWPPP. Any remaining Land Alteration Security must be released to the person who deposited the Land Alteration Security upon determination by the City that the requirements of City Code Section 11.55 and the conditions of the land alteration permit have been satisfactorily performed.
9. IRRIGATION PLAN: If irrigation is installed on the Property, Developer must submit to the City Planner and receive the City Planner’s written approval of a plan for irrigation of the landscaped areas on the Property. The irrigation plan must be designed so that water is not directed on or over public trails and sidewalks.
Developer must complete implementation of the approved irrigation plan in accordance with the terms and conditions of Exhibit C. 10. LANDSCAPE & TREE REPLACEMENT PLAN: Prior to issuance of a land alteration
permit, the Developer must submit to the City Planner and receive the City Planner’s
written approval of an executed landscape agreement and a final landscape or tree replacement plan for the Property. The approved landscape or tree replacement plan must be consistent with the quantity, type, and size of all plant materials shown on the landscape or tree replacement plan on the Exhibit B Plans and including all proposed trees, shrubs,
perennials, and grasses. The approved landscape or tree replacement plan must include
replacement trees of a 2.5-inch diameter minimum size for a shade tree and a 6-foot
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11609 Leona Road Redevelopment Development Agreement
minimum height for conifer trees. The approved landscape or tree replacement plan must also provide that, should actual tree loss exceed that calculated herein, Developer must
provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
Prior to land alteration permit issuance, Developer must also submit to the City Planner and receive the City Planner's written approval of a security in the form of a cash escrow or letter of credit equal to 150% of the cost of the tree and landscape improvements
including all proposed trees, shrubs, perennials, and grasses as depicted on the landscape
and/or tree replacement plan on the Exhibit B Plans (the “Landscape Security”). The Landscape Security will be held for two full growing seasons after the installation of all plantings and inspection by the City. A growing season is the part of the year during which rainfall and temperature allow plants to grow (approximately April-October).
The installation must conform to the approved landscape or tree replacement plan including but not limited to the size, species and location as depicted on the Exhibit B Plans. Any changes proposed to the landscape plan or landscaping installed on the Property, including but not limited to removal and relocation, must be reviewed and approved by the City
Planner prior to implementing such changes. Developer must complete implementation of
the approved landscape or tree replacement plan as depicted on the Exhibit B Plans and in accordance with the terms and conditions of Exhibit C of this Agreement. The Landscape Security will be released in accordance with the terms of the landscape agreement.
Developer shall maintain the existing landscaping along Flying Cloud Drive, including but
not limited to trimming of trees and shrubs and resodding or reseeding barren areas. Prior to any tree trimming, Developer must contact Parks and Natural Resources staff to determine the appropriate trees and season to trim to maintain tree health.
11. MECHANICAL EQUIPMENT SCREENING: Developer must screen all mechanical
equipment on the Property. For purposes of this paragraph, “mechanical equipment” includes gas meters, electrical conduits, water meters, and standard heating, ventilating, and air-conditioning units. Financial security to guarantee construction of such screening is included with the Landscape Security. Developer must complete construction of
mechanical equipment screening prior to issuance of any occupancy permit for the
Property. If, after completion of construction of the mechanical equipment screening, it is determined by the City Planner, in his or her reasonable discretion, that the constructed screening does
not meet City Code requirements to screen mechanical equipment from public streets and
differing, adjacent land uses, then, after a meet-and-confer between the City Planner and the Developer, Developer must take corrective action to reconstruct the mechanical equipment screening in order to cure the deficiencies identified by the City Planner during the meet-and-confer. Developer agrees that the City will not release the Landscape Security
until Developer completes all such corrective measures.
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11609 Leona Road Redevelopment Development Agreement
12. MORTGAGEE CONSENT: For any mortgage lien recorded against the Property, prior to recording this Agreement, Developer must deliver to the City a mortgagee consent in a
form approved by the City and attach the executed form to the Agreement submitted for
recording. 13. OTHER AGENCY APPROVALS: The Developer must submit copies of all necessary approvals issued by other agencies for the project to the City Engineer. These submittals
are required prior to issuance by the City of the corresponding City permit(s). The agencies
issuing such approvals include but are not necessarily limited to the following: the Minnesota Pollution Control Agency, Metropolitan Council Environmental Services, Riley Purgatory Bluff Creek Watershed District, the Minnesota Department of Health, the Minnesota Department of Transportation, Hennepin County.
The City Planner may determine that conditions of approval required by the Riley Purgatory Bluff Creek Watershed District require changes to the City approvals granted with this Agreement which may entail additional City review, including public hearing(s) for recommendation by the Planning Commission and approval by the City Council.
Developer consents to such additional review as determined by the City Planner and agrees
to an extension pursuant to Minn. Stat. Section 15.99 of an additional 60 days for the additional review. 14. OUTSIDE STORAGE: Developer must not permit on the Property any outside storage
of inoperable automobiles, automobile parts, equipment, inventory, or refuse. 15. PUD WAIVERS GRANTED: The City hereby grants the following waivers to City Code requirements within the Commercial-Regional-Services Zoning District through the Planned Unit Development District Review for the Property and incorporates said waivers
as part of PUD (list PUD number):
A. Impervious Surface Area City Code allows a maximum impervious surface of 30 percent. The existing site condition is 75 percent impervious surface coverage and was approved as part of the
development approved in 1997 before shoreland rules applied. This waiver allows 75
percent impervious surface coverage for the PUD area, the entirety of the Property.
B. Front Yard Setback
City Code requires structures in the Commercial-Regional-Services zoning district to be set back a minimum of 35 feet from front lot lines. This waiver allows the Starbucks/new drive-thru building as shown on the Plans to be set back twenty-seven (27) feet from the north property line along Leona Road.
16. SITE LIGHTING: All pole lighting must consist of downcast cut-off fixtures. Pole lighting must not exceed 25 feet in height. A three (3) foot base is permitted for a total of 28 feet in height. Developer must complete implementation of the lighting plan in Exhibit
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11609 Leona Road Redevelopment Development Agreement
B prior to issuance of any occupancy permit for the Property.
17. SUSTAINABLE BUILDING STANDARD: Approval of the PUD for this development
triggered the City’s Sustainable Building Standard requirements for Multi-Family Residential (5 or more dwelling units), Office, Commercial, Town Center, Transit Oriented Development, Mixed Use, Flex Service, or Industrial Developments. Developer is not responsible for the construction or final design of the new construction portion of this
project (the proposed Starbucks building). Therefore, the entity who obtains the building
permit for the new construction and/or future tenant of the new construction must meet the following requirements: A. The project must be certified under an eligible Sustainable Building Rating System as
outlined in the City’s Sustainable Building Standard.
B. The project must meet the following Eden Prairie Overlay requirements: a. Calculate and report greenhouse gas emissions predictions b. Install one (1) EV-Installed parking spaces near the new building in the northwest quadrant of the site, and at least (1) EV-Ready or EV-Installed
parking space as shown on approved site plan. One space must be accessible.
c. Construction must meet solar-ready standard as defined by selected rating system. C. The building permit holder and/or tenant for new construction agrees to complete post-occupancy submittal requirements within 12 months of occupancy.
18. TRASH, RECYCLING, AND ORGANICS: Developer agrees that all trash, recycling, and organic waste bins or receptacles will at all times be located inside of the enclosure as depicted on the Plans.
19. TRASH ENCLOSURE: The trash enclosures must be constructed with the materials as
depicted in Exhibit B to match the building, include a roof, and include gates that completely screen the interior of the enclosure. Developer must complete the trash enclosures prior to issuance of any occupancy permit for the Property.
20. SALT AND SNOW STORAGE: Salt storage is not allowed on the Property unless the
Property owner and any agents, tenants, or contractors employ best management practices to minimize the discharge of polluted runoff from salt storage and: 1. The designated salt storage area is indoors;
2. The designated salt storage area is located on an impervious surface and
downgradient from any Stormwater Facilities; and 3. Practices to reduce exposure when transferring material in designated salt storage areas (sweeping, diversions, and/or containment) are implemented.
Salt applicators must possess current Smart Salting Level 1 and Level 2 Certification from
the Minnesota Pollution Control Agency. The certified individual(s) are responsible for the
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11609 Leona Road Redevelopment Development Agreement
application of appropriate deicing material at the proper amount and rate.
Snow must not be stored in any required parking or stormwater treatment areas. If the
Property does not provide adequate snow storage areas, the Developer and/or owner must remove the snow from the Property.
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11609 Leona Road Redevelopment Development Agreement
IN WITNESS WHEREOF, the parties to this Agreement have caused this instrument to be executed as of the day and year first listed above.
CITY OF EDEN PRAIRIE
By___________________________
Ronald A. Case Its Mayor
By____________________________
Rick Getschow Its City Manager
STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this ____ day of ________________, 2024, by Ronald A. Case and Rick Getschow, respectively the Mayor and the City Manager of the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
_______________________ Notary Public
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11609 Leona Road Redevelopment Development Agreement
RIDGECREST EDEN PRAIRIE II, LLC
By ________________________________ Gary Dreher
Its Manager
STATE OF MINNESOTA )
) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2024, by Gary Dreher, the Manager of Ridgecrest Eden Prairie II LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY: CITY OF EDEN PRAIRIE
8080 MITCHELL ROAD
EDEN PRAIRIE, MN 55344
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11609 Leona Road Redevelopment Development Agreement
EXHIBIT A
DEVELOPMENT AGREEMENT - 11609 LEONA ROAD REDEVELOPMENT
Legal Description Lot 1, Block 1, Office Depot Addition, Hennepin County, Minnesota (Torrens property).
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11609 Leona Road Redevelopment Development Agreement
Exhibit B
DEVELOPMENT AGREEMENT - 11609 LEONA ROAD REDEVELOPMENT
ALTA Survey dated 01/11/2022 by EVS, Inc.
Cover Sheet dated 9/06/2024 by Kimley-Horn General Notes dated 9/06/2024 by Kimley-Horn Site Demolition Plan dated 9/06/2024 by Kimley-Horn Construction Phasing Plan – Phase 1 dated 9/06/2024 by Kimley-Horn
Construction Phasing Plan – Phase 1 dated 9/06/2024 by Kimley-Horn with Public Works
Director Notes Construction Phasing Plan – Phase 2 dated 9/06/2024 by Kimley-Horn Tree Inventory and Preservation Plan dated 9/06/2024 by Kimley-Horn Overall Site Plan dated 9/06/2024 by Kimley-Horn
Enlarged Site Plan C401 dated 9/06/2024 by Kimley-Horn
Enlarged Site Plan C402 dated 9/06/2024 by Kimley-Horn Site Details Sheet C403 dated 9/06/2024 by Kimley-Horn Site Details Sheet C404 dated 9/06/2024 by Kimley-Horn Grading Plan dated 9/06/2024 by Kimley-Horn
Enlarged Grading Plans dated 9/06/2024 by Kimley-Horn Storm Sewer Plan dated 9/06/2024 by Kimley-Horn Grading and Storm Sewer Details Sheet C504 dated 9/06/2024 by Kimley-Horn Grading and Storm Sewer Details Sheet C505 dated 9/06/2024 by Kimley-Horn Grading and Storm Sewer Details Sheet C506 dated 9/06/2024 by Kimley-Horn
Grading and Storm Sewer Details Sheet C507 dated 9/06/2024 by Kimley-Horn Erosion and Sediment Control Plan Phase 1 dated 9/06/2024 by Kimley-Horn Erosion and Sediment Control Plan Phase 2 dated 9/06/2024 by Kimley-Horn Erosion and Sediment Control Details dated 9/06/2024 by Kimley-Horn Utility Plans dated 9/06/2024 by Kimley-Horn
Enlarged Utility Plans dated 9/06/2024 by Kimley-Horn Utility Details dated 9/06/2024 by Kimley-Horn Overall Landscape Plan dated 9/06/2024 by Kimley-Horn Enlarged Landscape Plans dated 9/06/2024 by Kimley-Horn Landscape Details dated 9/06/2024 by Kimley-Horn
Snow Management Plan dated 6/14/2024 by Kimley-Horn Salt Management Plan dated 6/10/2024 by Kimley-Horn Stormwater Management Plan dated 08/13/2024 by Kimley-Horn Green Infrastructure Analysis dated 6/27/2024 by Kimley-Horn Traffic Study dated 6/07/2024 by SRF Consulting
Project Narrative dated 07/19/2024 by Kimley-Horn Geotechnical Evaluation Report dated 6/28/2024 by Braun Intertec Corporation Phase I Environmental Site Assessment dated 05/02/2024 by Terracon Consultants, Inc. Trash Enclosure Elevations dated 8/28/2024 by wdPartners Exterior Elevations dated 8/16/2024 by wdPartners
Exterior Elevations dated 3/31/2024 by Architectural Consortium, LLC.
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11609 Leona Road Redevelopment Development Agreement
Photometric Plan dated 7/22/2024 by Stinson Electric, Inc. Trash Truck Turning Exhibit dated 5/20/2024 by Kimley-Horn
Drive Thru Turning Exhibit dated 5/20/2024 by Kimley-Horn
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11609 Leona Road Redevelopment Development Agreement
EXHIBIT C
DEVELOPMENT AGREEMENT – 11609 LEONA ROAD REDEVELOPMENT
1. The Development Agreement must be recorded with the Hennepin County Recorder and/or Registrar of Titles as applicable prior to release of the final plat or, if no final plat, prior to the issuance of any permit or approval for the development, unless specifically authorized
by the City Planner. The final plat will not be released until recording of the Development
Agreement is complete, unless otherwise agreed to by the City, in which case the City Attorney will provide a letter with document recording order and instructions that must be complied with by the Developer.
2. Prior to release of the final plat, Developer must submit public infrastructure plans to the
City Engineer for approval (1” = 50’ scale).
3. With respect to all portions of the Property which Developer is required to dedicate to the City on the final plat or convey to the City by deed (the “Dedicated or Conveyed Property”), Developer represents and warrants as follows:
a. That at the time of dedication or conveyance, title to the Dedicated or Conveyed
Property is or will be marketable fee title, free and clear of all mortgages, liens, and
other encumbrances, subject to any easements or minor title imperfections acceptable to the City in its sole discretion (“Marketable Title”). Prior to final plat approval, Developer must provide title evidence satisfactory to the City Attorney establishing Marketable Title. The City, at its discretion, may require Developer to
provide, at Developer’s cost, an owner’s policy of title insurance in a policy amount
determined by the City, insuring Marketable Title in the name of the City after the dedication or conveyance.
b. That Developer has not used, employed, deposited, stored, disposed of, placed, or otherwise allowed to come in or on the Dedicated or Conveyed Property, any
hazardous substance, hazardous waste, pollutant, or contaminant, including, but not
limited to those defined in or pursuant to 42 U.S.C. § 9601, et. seq., or Minn. Stat. § 115B.01, et. seq. (“Hazardous Substances”).
c. That Developer has not allowed any other person to use, employ, deposit, store, dispose of, place, or otherwise have, in or on the Dedicated or Conveyed Property,
any Hazardous Substances.
d. That no previous owner, operator, or possessor of the Property deposited, stored, disposed of, placed, or otherwise allowed in or on the Dedicated or Conveyed Property any Hazardous Substances.
Developer agrees to indemnify, defend, and hold harmless City, its successors and assigns,
against any and all loss, costs, damage, or expense, including reasonable attorneys’ fees,
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11609 Leona Road Redevelopment Development Agreement
that the City incurs because of the breach of any of the above representations or warranties or resulting from or due to the release or threatened release of Hazardous Substances which
were, or are claimed or alleged to have been, used, employed, deposited, stored, disposed
of, placed, or otherwise located or allowed to be located, in or on the Dedicated or Conveyed Property by Developer, its employees, agents, contractors, or representatives. 4. Developer must submit detailed construction and storm sewer plans to the relevant
Watershed District for review and approval. Developer must follow all rules and
recommendations of said Watershed District.
5. Developer must provide written notice to all private and public utilities prior to the commencement of any improvements on the Property.
6. The City will not issue any building permit for the construction of any building, structure,
or improvement on the Property until all requirements listed in this Exhibit C have been
satisfactorily addressed by Developer. Developer’s obligation to address all requirements of this Exhibit C will continue to apply notwithstanding the City’s issuance of permits or approvals for the Property.
7. Prior to release of the first building permit for the Property, and for any subsequent building
permit for the Property if required by the City in its sole discretion, Developer must submit
to the City Engineer for approval a master grading plan (1" =100' scale) showing existing and proposed contours, proposed streets, and lot arrangements and size, minimum floor elevations on each lot, preliminary alignment and grades for sanitary sewer, water main, and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots, location of walks, trails,
and any property deeded to the City.
8. Prior to building permit issuance, Developer must pay all fees associated with the building permit to the Building Inspections Division, including: building permit fee, plan check fee, State surcharge, metro system access charge (SAC), City SAC and City water access
charge (WAC), park dedication, and other applicable fees. Developer must contact the
Metropolitan Council to determine the number of SAC units.
9. Prior to building permit issuance and except as otherwise authorized in the approved Plans, all existing structures must be properly removed as required by City Code, with necessary permits obtained through the Building Inspections Division.
10. Prior to building permit issuance and except as otherwise authorized in the approved Plans,
any wells and septic systems on the Property must be properly abandoned or removed as required by City Code and Hennepin County ordinance, with necessary permits obtained through the Inspections Division.
11. Prior to building permit issuance, Developer must provide an ALTA survey or site plan
completed by a licensed surveyor or engineer (1" = 50’ scale) showing proposed building
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11609 Leona Road Redevelopment Development Agreement
locations and all proposed streets, with approved street names, lot arrangements, and property lines.
12. If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, will not oppose the City’s reconsideration and rescission of any Rezoning, Planned Unit Development review, Site Plan review and/or Guide Plan review approved in connection with this Agreement, thus restoring the status of the Property before the Development Agreement
and all approvals listed above were approved.
13. This Agreement will run with the land and be binding upon and enforceable against the Property and the Owners, their successors and assigns of the Property.
14. This Agreement is a contract between the City and the Developer. No provision of this Agreement inures to the benefit of any third person, including the public at large, so as to
constitute any person as a third-party beneficiary of the Agreement or of any one or more
of its terms, or otherwise give rise to any cause of action for any person not a party to this Agreement.
15. Developer acknowledges that the obligations of Developer contemplated in this Agreement are special, unique, and of an extraordinary character, and that, in the event that Developer
violates, or fails, or refuses to perform any covenant, condition, or provision of this
Agreement, City may be without an adequate remedy at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses to perform any covenant, condition, or provision made herein, City may, at its option, institute and prosecute an action to specifically enforce such covenant, withhold permits or other City approvals, or rescind or
revoke any approvals granted by the City. No remedy conferred in this Agreement is
intended to be exclusive and each will be cumulative and will be in addition to every other remedy. The election of anyone or more remedies will not constitute a waiver of any other remedy.
16. No failure of the City to comply with any term, condition, or covenant of this Agreement
will subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment may be levied upon or collected from the general credit, general fund or taxing powers of the City.
17. The Developer hereby irrevocably nominates, constitutes, and appoints and designates the
City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
18. The Developer grants the City, its agents, employees, officers, and contractors a license to enter the Property to perform all work and inspections deemed appropriate by the City in conjunction with this Agreement.
19. Developer will pay upon demand to the City all reasonable costs incurred by the City in
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11609 Leona Road Redevelopment Development Agreement
conjunction with the Applications pursuant to itemized invoices. These costs include internal City administrative, planning and, engineering costs and consulting costs,
including but not limited to outside legal fees, engineering, planning and financial, in
review, investigation, administering and processing the Applications and implementation of the approvals granted by the City.
20. The City is hereby granted the option, but not the obligation, to complete or cause completion in whole or part of the Developer’s obligations under this Agreement for which
a bond, letter of credit, cash deposit or other security (“Security”) is required if the
Developer defaults with respect to any term or condition in this Agreement for which Security is required and fails to cure such default(s) within ten (10) days after receipt of written notice thereof from the City; provided however if the nature of the cure is such that it is not possible to complete the cure within ten (10) days, it will be sufficient if the
Developer has initiated and is diligently pursuing such cure. The Developer acknowledges
that the City does not assume any obligations or duties of the Developer with respect to any contracts or agreements with third parties relating to the improvements unless otherwise agreed in writing by the City.
The City may draw down on or make a claim against the Security, as appropriate, upon
five (5) business days’ notice to the Developer, for any violation of the terms of this
Agreement or if the Security lapses prior to the end of the required term. If the obligations for which Security is required are not completed at least thirty (30) days prior to the expiration of the Security and if the Security has not been renewed, replaced or
otherwise extended beyond the expiration date, the City may also draw down or make a
claim against the Security as appropriate. If the City draws down or makes a claim against the Security, the proceeds will be used to cure the default(s) and to reimburse the City for all costs and expenses, including attorney fees, incurred by the City in enforcing this Agreement.
21. In the event of a violation of City Code relating to use of the Property and construction
thereon or failure to fulfill an obligation imposed upon the Developer pursuant to this Agreement, City will give 24 hours’ notice of such violation, or such longer period as determined by the City in its sole discretion given the nature of the violation, in order to allow a cure of such violation. The City need not issue a building or occupancy permit for
construction or occupancy on the Property while such a violation is continuing.
The existence of a violation of City Code or the failure to perform or fulfill an obligation required by this Agreement will be determined solely and conclusively by the City Manager or his or her designee.
22. Developer will release, defend, and indemnify City, its elected and appointed officials,
employees, and agents from and against any and all claims, demands, lawsuits, complaints,
loss, costs (including attorneys’ fees), damages and injunctions relating to any acts, failures to act, errors, omissions of Developer or Developer's consultants, contractors,
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11609 Leona Road Redevelopment Development Agreement
subcontractors, suppliers and agents. Developer will not be released from its responsibilities to release, defend, and indemnify because of any inspection, review, or
approval by City.
23. Developer acknowledges that Developer is familiar with the requirements of Chapter 11, Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable City ordinances affecting the development of the Property. Developer agrees to develop the Property in accordance with the requirements of all applicable City Code requirements
and City Ordinances.
24. Developer agrees that the Property will be operated in a manner meeting all applicable noise, vibration, dust and dirt, smoke, odor and glare laws and regulations. Developer further agrees that the facility upon the Property will be operated so noise, vibration, dust and dirt, smoke, odor, and glare do not go beyond the Property boundary lines in violation
of applicable laws or regulations.
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11609 Leona Road Redevelopment Development Agreement
MORTGAGEE CONSENT
The undersigned, holder of that certain Mortgage, Security Agreement, Fixture Financing Statement and Assignment of Leases and Rents dated January 21, 2022, recorded in the office of the Hennepin County Registrar of Titles on January 31, 2022 as Document No. 5918807 (the “Mortgage”) covering the Property described on Exhibit A hereto, for valuable consideration, does
hereby consent to that certain Development Agreement, to which this Consent is attached, dated
_______________, 2024 by Ridgecrest Eden Prairie II LLC to the City of Eden Prairie. The undersigned further agrees that the Mortgage and the undersigned’s interest in the Property described in the Mortgage are subject to and bound by the Development Agreement, the
same as if the Agreement had been filed of record prior to the Mortgage, and that the Development
Agreement shall remain in full force and effect upon foreclosure of the Mortgage. JOHNSON BANK
By:
Its:
STATE OF __________ )
) ss.
COUNTY OF ________________ ) On the ______ day of _______________, 2024, before me personally came
___________________________, to me known, who being duly sworn by me stated that he/she
is the __________________________ of Johnson Bank and that he/she is duly authorized to execute the foregoing instrument.
______________________________ Notary Public
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11609 Leona Road Redevelopment Development Agreement
Exhibit A to Consent and Subordination
Lot 1, Block 1, Office Depot Addition, Hennepin County, Minnesota (Torrens property).
29912469v2
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 15, 2024
DEPARTMENT/DIVISION:
Carter Schulze
Public Works / Engineering
ITEM DESCRIPTION: IC# 17-5990
Adopt resolution requesting a variance from State Aid Standards to allow a higher trail grade on Dell Rd between CSAH 61 and Crestwood Terrace
ITEM NO.:
VIII.C.
Requested Action
Move to: Adopt resolution requesting a variance from State Aid Standards to allow a higher trail grade on Dell Rd between CSAH 61 and Crestwood Terrace
Synopsis A variance is necessary from the Minnesota Department of Transportation (MNDOT) State Aid Design Standards for the construction of a trail adjacent to the proposed Dell Road
reconstruction between CSAH 61 and Crestwood Terrace. MNDOT requires variance requests
be in the form of a Council Resolution. Background Information
The City of Eden Prairie is preparing plans for Dell Road and an adjacent trail connection
between CSAH 61 and Crestwood Terrace as part of City IC# 17-5990. This corridor is designated as a State Aid route and therefore needs to be designed and constructed to the Minnesota State Aid Standards in order to receive state aid funding.
Minnesota Rule for State Aid Operation 8820.9995 (Minimum Bicycle Path Standards) requires off road bicycle paths to have a maximum allowable grade of 8.3 percent. The reason for this variance request is the existing Dell Road corridor traverses the steep slopes of the Minnesota River bluffs from Turnbull Rd to CSAH 61 making the 8.3 percent maximum grade unfeasible. The proposed project improves the existing grade of Dell Road from 15+ percent to a maximum
grade of 13.9 percent. Due to the adjacent grades on the bluff, sensitivity of the surrounding landscape, and right of way limitations, the trail is proposed to follow the road corridor and match the proposed maximum 13.9 percent road profile. The variance area is only in the lower section of Dell Rd from Turnbull Rd to CSAH 61. The remaining corridor trail is able to meet the 8.3 percent trail grade.
MNDOT requires that the resolution provide that the City of Eden Prairie defend, indemnify and hold harmless the State of Minnesota from claims, demands, actions, or causes of action, costs and expenses arising out of or by reason of the granting of the proposed variance. The City has
already been approved for this variance from State Aid Standards at the recent State Aid
Variance Committee Meeting on September 26th, 2024. Attachment Resolution
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024-___ RESOLUTION REQUESTING A VARIANCE FROM STANDARD FOR STATE AID OPERATION FOR DELL ROAD IMPROVEMENTS
I.C. 17-5990: Dell Road Street and Utility Improvements S.A.P. 181-113-006 WHEREAS, the City of Eden Prairie is preparing plans for Dell Road Improvement Project which includes Dell
Road (MSA Route 113), which is located within Township 116N, Section 30, Range 22W, within the City of
Eden Prairie, commencing at the intersection of Dell Road and Flying Cloud Drive (CSAH 61) and ending at the intersection of Dell Road and Crestwood Terrace, totaling a roadway length of 2982.64 feet (0.565 miles); and WHEREAS, Minnesota Rules for State Aid Operation 8820.9995 requires a 30-mph design speed for off-road
or shared use path grades longer than 500 feet and greater than four percent and a maximum grade of 8.3%; and
WHEREAS, the reasons for this variance requests are the existing topography of the project does not provide adequate room for a maximum 8.3% grade of the Dell Road trail, and it is not feasible to change the existing topography within the City right-of-way to the extent required to meet maximum grade requirements of the
MnDOT Facilities Design Guide to ensure the required minimum design speed of Minnesota Rules for State Aid
Operation 8820.9995 due to the grades and elevations of the existing private properties and streets that connect into the Dell Road trail. NOW, THEREFORE BE IT RESOLVED, that the Eden Prairie City Council does hereby request a variance
from the Minnesota Department of Transportation State Aid Operations Rules Chapter 8820.9995 (Minimum
Off-Road and Shared Use Path Standards) to allow a maximum grade of up to 13.90% on Dell Road from station 10+93 to 21+70 in lieu of 8.3%, the maximum grade of the design speed set forth by Minnesota Rules for State Aid Operations 8820.9995.
BE IT FURTHER RESOLVED, that the City of Eden Prairie City Council hereby indemnifies, saves and hold
harmless the State of Minnesota and its agents and employees of and from claims, demands, actions, or causes of action arising out of or by reason of trail construction for Dell Road in accordance with Minnesota Rules 8820.9995 and further agrees to defend at their sole cost and expense any action or proceeding commenced for the purpose of asserting any claim arising as a result of the granting this variance.
ADOPTED by the Eden Prairie City Council on October 15, 2024. __________________________
Ronald A. Case, Mayor
ATTEST: SEAL
______________________________
David Teigland, Clerk
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 15, 2024
DEPARTMENT / DIVISION:
Chief Matt Sackett Police Department
ITEM DESCRIPTION:
Approve Juvenile Liaison Officer Agreement with Independent School District No. 272
ITEM NO.:
VIII.D.
Requested Action
Move to: Approve Juvenile Liaison Officer Agreement with Independent School District No. 272 Synopsis For many years, the Eden Prairie Police Department has provided juvenile liaison officers, also known
as school resource officers, to work within Eden Prairie Schools. In response to recent legislation
governing school resource officers, the Police Department and the School wish to formalize this relationship with a written agreement governing the juvenile liaison officer program. Under the proposed agreement, the City will dedicate 4.5 full time, licensed police officers, to serve as
Juvenile Liaison Officers. In accordance with state law, the duties of the Liaison Officers will include
the following:
• Fostering a positive school climate through relationship building and open communication;
• Protecting students, staff, and visitors to the school grounds from criminal activity;
• Serving as a liaison from law enforcement to school officials;
• Providing advice on safety drills;
• Identifying vulnerabilities in school facilities and safety protocols;
• Educating and advising students and staff on law enforcement topics; and
• Enforcement of criminal laws.
The proposed agreement provides for an initial term of two school years ending June 30, 2026. The
School District will pay the City a lump sum for each school year that equates to approximately 50% of the City’s costs for wages and benefits for the Liaison Officers. The agreement, and specifically the payment from the School District to the City, will be revisited after the initial two-year term.
Attachments
Juvenile Liaison Officer Agreement
JUVENILE LIAISON OFFICER AGREEMENT By and Between
Independent School District No. 272 and City of Eden Prairie This Juvenile Liaison Officer Agreement (“Agreement”) is made as of ________________, 2024 (the “Effective Date”), by and between Independent School District No. 272, a Minnesota public school (“District”) and the City of Eden Prairie, a Minnesota municipal corporation
(“City”). The District and the City may be individually referred to in this Agreement as a “Party”
and collectively as the “Parties.” RECITALS
A. The City and the District wish to participate in a Juvenile Liaison Officer program. The
program is designed to improve understanding, build trust, and develop mutual respect between police, school staff, parents, and students. B. The City and the District seek to establish and coordinate a cooperative community
approach among schools, students, parents, law enforcement, the City , and other resources
in addressing the needs of students and the community. C. In accordance with Minnesota Statutes Section 626.8482 (2024), the District desires to engage the City to provide the services described in this Agreement and the City is willing
to provide such services on the terms and conditions in this Agreement.
NOW, THEREFORE, based on the Recitals above and in consideration of the terms and conditions expressed in this Agreement, the City and the District agree as follows:
1. Term of Agreement. The term of this Agreement commences on the Effective Date and
expires on June 30, 2026, unless terminated earlier as provided below. 2. Provision of Liaison Officers. The City will provide four and one-half (4.5) full-time, licensed police officers to perform Services on a full-time basis (the “Liaison Officers”).
“Liaison Officer” will have the same meaning as the term “school resource officer” as
defined in Minn. Stat. § 626.8482, subd. 1(c). The City will consult with the District as to which officers will serve as Liaison Officers, but the ultimate selection of the Liaison Officers will be at the City’s sole discretion. Liaison Officers may be assigned to a specific school building or buildings upon the mutual agreement of the Parties.
3. Services. The services to be provided by the Liaison Officers to the District (the “Services”) will include the following duties as enumerated in Minnesota Statutes Section 626.8482, subdivision 2(a):
• Fostering a positive school climate through relationship building and open communication;
• Protecting students, staff, and visitors to the school grounds from criminal activity;
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• Serving as a liaison from law enforcement to school officials;
• Providing advice on safety drills;
• Identifying vulnerabilities in school facilities and safety protocols;
• Educating and advising students and staff on law enforcement topics; and
• Enforcement of criminal laws.
The Liaison Officers will provide additional services that may be agreed upon by the parties. All Services will be provided in accordance with and subject to the provisions of Minnesota Statutes § 626.8482, including but not limited to Minn. Stat. § 626.8482, subd.
1(c), which prohibits the Liaison Officers from using force or the authority of their office
solely to enforce school rules or policies or participate in the enforcement of discipline for violations of school rules. The specific daily schedule and duties of each Liaison Officer will be subject to the mutual
agreement of the Parties. Liaison Officers will perform the Services during regular school
days and during other events, activities, and meetings as agreed upon by the parties. 4. Compensation. The District will pay to the City $368,500 and $385,200 for the Liaison Officers who perform Services pursuant to this Agreement for the years ending June 30,
2025 and June 30, 2026, respectively. The City will invoice the District on an annual basis
in November of each year for the current school year. The District’s payment will be due within thirty (30) days of invoice. 5. Equipment and Training. The City is responsible for providing each Liaison Officer with
a vehicle and all necessary law enforcement equipment, including any necessary computer
equipment and electronic devices. The City will also provide all necessary training and education required for the Liaison Officers to provide Services under this Agreement, including ensuring that each Liaison Officer completes the training course required by Minn. Stat. § 626.8482, subdivision 3. The City will adopt a School Resource Officer
Policy as and when required by Minn. Stat. § 626.8482, subd. 6, and all Liaison Officers
will be required to perform the Services in compliance with the policy. 6. District Obligations. The District will have the following duties and responsibilities related to the Liaison Officers and the Services:
a. Provide dedicated office space for each Liaison Officer. At a minimum, the office space will be furnished with a desk, chair, and landline telephone. The Liaison Officer may utilize school equipment to print materials and make photocopies at the school building where the Liaison Officer is assigned if such materials and
photocopies relate to the Services. Individual schools may elect to provide additional resources to the Liaison Officer.
b. Provide clerical help and assistance to the Liaison Officer when needed, including providing supplies and materials reasonably necessary for the Services.
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c. Require school administrators to provide guidance and coordinate the efforts of the Liaison Officer within each assigned school building.
7. Termination. Notwithstanding any other provision hereof to the contrary, this Agreement
may be terminated as follows:
a. The Parties, by mutual written agreement, may terminate this Agreement at any time.
b. By either Party for the other Party’s material breach of this Agreement, immediately
upon written notice to the breaching Party.
c. By either Party at any time, for any reason or no reason at all, upon providing at least thirty (30) days’ written notice to the other Party.
In the event of a termination, the District will pay the City for Services performed to the date of the termination. As set forth in this Agreement, the parties agree that certain
paragraphs in this Agreement survive termination of this Agreement.
8. Amendments. Except as expressly permitted by this Agreement, no amendments may be made to this Agreement except in writing signed by both parties.
9. Records/Inspection. Pursuant to Minn. Stat. § 16C.05, subd. 5, the Parties agree that the
books, records, documents, and accounting procedures and practices of the parties that are relevant to this Agreement are subject to examination by the Parties and the State Auditor or Legislative Auditor for a minimum period of six years. The Parties will maintain such records for a minimum of six years after final payment. These obligations will survive the
termination of this Agreement.
10. Indemnification. Except for claims arising out of the gross negligence or willful misconduct of the other Party, its officers, employees, officials, agents or representatives, each Party is solely responsible for the acts and omissions of its own officers, employees,
officials, agents, and representatives. To the extent permitted by law, each Party agrees to
indemnify the other party from any and all damages, liability, judgments, claims, expenses, attorney fees, and costs resulting from any act or omission of any of its officers, employees, officials, agents, or representatives in the execution, performance, or failure to adequately perform its obligations under this Agreement. Each Party’s liability, if any, is limited under
Minnesota Statutes Chapter 466, and nothing this Agreement may be deemed to constitute
a waiver of those limits. 11. Assignment and Subcontracting. Neither the City nor the District shall assign, subcontract, or transfer any rights under or interest (including, but without limitation,
moneys that may become due or moneys that are due) in this Agreement, in whole or in
part. Any instrument in violation of this paragraph is null and void.
12. Employment Status. At all times and for all purposes, the City is and will remain the exclusive employer of all Liaison Officers who perform Services pursuant to this
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Agreement. No Liaison Officer will be considered to be an official, employee, agent, educational service provider, or representative of the District, and no Liaison Officer may make any representation to the contrary. The City maintains full control over the police officers it employs and is solely responsible for all employment and administrative functions related to its employees, including, but not limited to, supervision and evaluation, payroll and deductions, maintenance of all required insurance (e.g. workers' compensation insurance, unemployment insurance, liability insurance), and any labor disputes or grievances.
13. Compliance with Laws. The Parties will exercise due care to comply with applicable federal, state, and local laws, rules, ordinances, and regulations in effect during the term of this Agreement. These obligations survive termination of this Agreement.
14. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments signed by the parties will constitute the entire agreement between the City and the District and supersedes any other written or oral agreements between the City and the District. This Agreement can only be modified in writing signed by the City and the District. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement will prevail.
15. Third Party Rights. The Parties do not intend to confer on any third party any rights under this Agreement.
16. Choice of Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement will be heard in the state or federal courts of Hennepin County, Minnesota, and the Parties waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. These obligations survive termination of this Agreement.
17. Data Practices Act Compliance. The Parties agree that any and all data created, collected, received, stored, used, maintained, or disseminated pursuant to or in connection with this Agreement will be administered in accordance with, and is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. Each Party agree to notify the other Party within three (3) business days if it receives a data request from a third party. These obligations survive termination of this Agreement.
18. No Discrimination. The Parties agree not to discriminate in providing services, programs, or activities on the basis of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, familial status, membership or activity in a local human rights commission, disability, sexual orientation, gender identity, or age. Violation of any part of this provision may lead to immediate termination of this Agreement. The Parties agree to comply with the Americans with Disabilities Act, as amended (“ADA”), Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1964, and the Minnesota Human Rights Act, Minnesota Statutes, Chapter 363A.
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19. Authorized Agents. The City’s authorized agent for purposes of administration of this Agreement is the Police Chief, or designee. The District’s authorized agent for purposes of administration of this Agreement is the Superintendent, or designee.
20. Notices. Any notices permitted or required by this Agreement shall be deemed given when personally delivered or upon deposit in the United States mail, postage fully prepaid, certified,
return receipt requested, addressed to:
To the City: City of Eden Prairie Attn: Police Chief 8080 Mitchell Road
Eden Prairie, MN 55344 With a copy to: Gregerson, Rosow, Johnson & Nilan
Attn: Margaret Neuville 100 Washington Ave S, Suite 1550 Minneapolis, MN 55401
To the District: Eden Prairie Schools Attn: Superintendent 8100 School Road Eden Prairie, MN 55344
With a Copy to: Kennedy & Graven, Chartered Attn: Maggie Wallner
150 South Fifth Street, Suite 700 Minneapolis, MN 55402
21. Waiver. No waiver of any provision or of any breach of this Agreement will constitute a waiver of any other provisions or any other or further breach, and no such waiver will be effective
unless made in writing and signed by an authorized representative of the party to be charged
with such a waiver. 22. Severability. In the event that any provision of this Agreement is deemed illegal or otherwise
unenforceable, such provision will be severed, and the balance of the Agreement shall continue in full force and effect.
23. Counterparts and Electronic Communication. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument. This Agreement may be transmitted by email in portable document format (“pdf”) and signatures appearing on email instruments will be
treated as original signatures.
[signature pages follow]
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IN WITNESS WHEREOF, the City and the District have caused this Agreement to be
executed by their duly authorized representatives on the dates listed below.
CITY OF EDEN PRAIRIE
_____________________________ Ronald A. Case Mayor
Dated: ________________________
_____________________________ Rick Getschow City Manager
Dated: _______________________
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INDEPENDENT SCHOOL DISTRICT NO. 272
_______________________________
By: ____________________________
Its: _____________________________
Dated: __________________________
_______________________________
By: ____________________________
Its: ____________________________
Dated: __________________________
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct. 15, 2024
DEPARTMENT/DIVISION:
Scott Riley
Public Works / Fleet Services
ITEM DESCRIPTION:
Award contract for recoating of the Maintenance Facility shop floor.
ITEM NO.:
VIII.E.
Requested Action
Move to: Award contract for recoating of the Maintenance Facility shop floor to Surface Pros LLC for the lump sum of $32,717.00. Synopsis
The City of Eden Prairie is a member of the State of Minnesota Cooperative Purchasing Venture (CPV). Through this CPV we can secure goods and services at prices already negotiated by the State of Minnesota. Pricing has been determined by MN State CPV Contract Release #F-503(5) Contract #178978. Eden Prairie Facilities has used Surface Pros for the recoating of the Fire Stations and a portion of the Fleet Services Shop Floor and are very satisfied with the outcome
and quality of the product. The project will be paid using approved CIP dollars from project 23-902. Background Information
This contract aims to help Fleet Services Staff with the cleaning of the shop floor and creating a brighter, safer work environment. Clean shop floors are less of a safety hazard from slip and falls when oil spills and other debris can be quickly and easily cleaned up. Attachments
Surface Pros Estimate Dated 10-7-2024
*Surface Pros LLC is a MN certified woman-owned company!
City Of Eden Prairie - 1
Note: Financed Projects Are Not Eligible for Cash Discount
6701 W 23rd Street
St. Louis Park, MN 55426
Phone: 1 800-411-9912
Fax: 763-559-8070
Email: info@surfaceprosmn.comwww.SurfaceProsmn.com
City Of Eden Prairie Bid Date: October 7, 2024
Service mech bays recoating floor Sales Rep: Jason Ripley
15150 Technology Dr
Eden Prairie, Mn 55344
Estimate
Job Description Size/Qty Price
Per Unit
Other State Of MN Swift Number 178978 1 $0.00 $0.00
Other Prepping surface for new coating system 5308 $1.50 $7,962.00
Other Filling all expansion joints with flexible joint filler 480 lin ft 1 $2,400.0
0 $2,400.00
Other Misc concrete repair 1 $950.00 $950.00
Other Applying solid color grey color to floor to match 1st phase 5308 $3.75 $19,905.00
Other Project done in 2 phases 1 $1,500.0
0 $1,500.00
TOTAL $32,717.00
Comments: State Of MN Swift Number 178978
All work to be performed on a steady, uninterrupted basis during regular straight-time hours. Any variation of this will be backcharged with a change
order.
IMPERFECTIONS may still be visible after work is performed . Owner/Contractor has been made aware of this. Only items listed above will be performed.
Any additional applications or services would need to be approved and have a signed change order.
CHANGE ORDER: Once project is started, there may be unforeseen circumstances that require additional work outside what was bid or could not have
been predicted at time of estimating. Most common reason is concrete failure. If it is determined that the project cannot be completed as bid,
owner/contractor will be contacted and alternate options will be discussed. Customer may be responsible for all labor and material fees performed up
until production was ceased.
WARRANTY: I agree to the conditions of the warranty offered with the system selected above.
FINANCIAL RESPONSIBILTY: I further agree to pay all finance charges, collection cost, attorney’s fees, and any other cost that may be incurred to enforce
collection of any amount outstanding. Per my cardholder agreement, I agree to pay any and all credit card fees in accordance with the terms of my
cardholder agreement.
ACCEPTANCE: The above prices, specifications, and conditions are satisfactory and are hereby accepted, SurfaceProsmn.com is authorized to complete
the contract as specified. I understand that a fifty dollar ($50) surcharge will be accessed for any returned checks. If SurfaceProsmn.com has not
received payment in full after job is complete, a late payment charge of 10% monthly is applied when payment has not been received by the company
within 30 days of completion.
CANCELLATION TERMS: Once a job has been accepted and a deposit has been paid, any cancelled jobs will be subject to a 20% administrative/restocking
fee on the sold amount. Contract may be cancelled within three (3) business days from the date originally signed without any penalty or obligation.
Cancellation must be presented in writing to Surface Pros LLC. After (3) business days, any cancelled project will be subject to a 20% cancellation fee on
the sold price and will be deducted from monies to be refunded.
CONTRACTOR’S NOTICE TO OWNER:
(a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that
person or company is not paid for the contributions.
(b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this
amount due from us until 120 day after completion of the improvement unless we give you a lien waiver signed by persons who supplied
any labor or material from the improvement and who gave you timely notice.
By signing this contract, I agree to, and understand the conditions and acceptance described on this contract, warranty, information forms, and the attached
terms and conditions.
\s1\\d1\\s2\\d2\
SURFACE PROS MN REP SIGNATURE DATEFULLY INSURED CUSTOMER SIGNATURE DATEPRICE VALID THROUGH 12/06/2024
Exhibit A
Motion
Move to: Authorize the Construction Contract Agreement for the RTA West Bluff Overlook Trail Stabilization Improvement Project for trail stabilization and improvements at a cost not to exceed $231,076.25.
Synopsis
Staff recommends entering into a Construction Contract Agreement with Kurilla Contracting for construction of the RTA West Bluff Overlook Trail Stabilization Improvement Project. The proposed project will remedy erosion along a 700’ long trail leading up towards the bluff overlook. Erosion along
this stretch of trail is significant and becoming hazardous to visitors. Erosion is now impacting the health of the nearby creek, remnant prairie, and woodland. Background RTA’s bluff overlook is one of Eden Prairie’s conservation area destinations. This trail is used by walkers, hikers, runners, birders, and nature enthusiasts. Additionally, the trail is used by groups taking
photos for school events, weddings, graduations, etc. due to the beautiful scenery looking over the Minnesota River. There have been attempts to remedy the erosion issues along this 700’ stretch of trail without achieving lasting and positive results. City staff engaged an engineering firm well versed in environmental engineering to develop plans and specifications to address erosion along this corridor utilizing long-term remedies while maintaining the ecological integrity of the conservation area. Funding for this project comes from the Capital Maintenance and Reinvestment fund under the
Parks and Recreation Department as well as a grant awarded by the Lower Minnesota River
watershed District in the amount of 15% of the projects total cost. Bid Summary and Recommendation
2024 RTA West Bluff Overlook Trail Stabilization Improvement Project
Kurilla Contracting $231,076.25
Rosti Construction Co. of MN, Inc. $278,343.00
UrbanEdge, LLC $289,953.00
K.A. Witt Construction, Inc. $348,886.00
Urban Companies, LLC $354,425.01 Sunram Construction, Inc. $355,573.00 Pember Companies, Inc. $378,450.00
Peterson Companies $411,879.00
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
Oct.15, 2024
DEPARTMENT/DIVISION:
Jason Goblirsch, Parks Construction Supervisor,
Parks and Recreation
ITEM DESCRIPTION:
Construction Contract Agreement with Kurilla Contracting for Richard T. Anderson
(RTA) West Bluff Overlook Trail
Stabilization Improvement Project.
ITEM NO.:
VIII.F.
Attachment
Construction Contract Agreement
Exhibit A
5/2023
CONSTRUCTION CONTRACT AGREEMENT
THIS AGREEMENT, made and executed this 15th day of October 2024, by and between the City of Eden Prairie, a Minnesota municipal corporation, hereinafter referred to as the “CITY”, and Kurilla Contracting, a Minnesota company, hereinafter referred to as the “CONTRACTOR.” WITNESSETH:
CITY AND CONTRACTOR, for the consideration hereinafter stated, agree as follows: I. CONTRACTOR hereby covenants and agrees to perform and execute all the provisions of the Plans and Specifications prepared by the Parks Department referred to in Paragraph IV, as provided by the CITY for:
IC: RTA West Bluff Overlook Trail Improvements Project CONTRACTOR further agrees to do everything required by this Agreement and the Contract Document.
II. CITY agrees to pay and CONTRACTOR agrees to receive and accept payment in accordance with the prices bid for the unit or lump sum items as set forth in the Proposal Form attached hereto which prices conform to those in the accepted CONTRACTOR'S proposal on file in the office of the City Engineer. The aggregate sum of such prices, based on estimated required
quantities is estimated to be $231,076.25. III. Payments to CONTRACTOR by City shall be made as provided in the Contract Documents.
IV. The Contract Documents consist of the following component parts:
(1) Legal and Procedural Documents a. Advertisement for Bids
b. Instruction to Bidders
c. Accepted Proposal Form d. Construction Contract Agreement e. Contractor's Performance Bond f. Contractor's Payment Bond
g. Responsible Contractor Verification Form
(2) Special Conditions (3) Detail Specifications
(4) General Conditions (5) Plans
(6) Addenda, Supplemental Agreements and Change Orders
The Contract Documents are hereby incorporated with this Agreement and are as much a part of this Agreement as if fully set forth herein. This Agreement and the Contract Documents are the Contract. V. CONTRACTOR agrees to fully and satisfactorily complete the work contemplated by this
Agreement in accordance with the schedule provided in the Contract Documents. VI. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument.
(signature pages follow)
IN WITNESS WHEREOF, the parties to this Agreement have hereunto set their hands as of the date
first above written. CITY OF EDEN PRAIRIE
By: _______________________________ Its: Mayor
By: _______________________________ Its: City Manager
CONTRACTOR ______________________________
By: __________________________________ Printed Name: _________________________
Its: _______________________________ Title
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I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MYDIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPEARCHITECT UNDER THE LAWS OF THESTATE OF MINNESOTA.LICENSE NO.:DATE:4559209/19/2024ONE CARLSON PARKWAY, SUITE 100PLYMOUTH MN, 55447PHONE: 763-479-4200FAX: 763-479-4242WWW.STANTEC.COMDWN BY:ISSUE DATE:PROJECT NO.:227706585\\us0242-ppfss01\shared_projects\227706585\drafting\PROJECT NAME\5_DESIGN\1_CAD\3 PLANSHEETS\227706585 C-201 RESTORATION PLAN 9.6.dwg
DESCRIPTION:DATE:ISSUE NO.:ISSUE NO.:SHEET NO.:SHEET TITLE:9/18/2024 2:57:06 PM
CLIENT:CITY OF EDENPRAIRIERICHARD T. ANDERSON WEST BLUFF
OVERLOOK TRAIL IMPROVEMENTS
PROJECT
EDEN PRAIRIE,
HENNEPIN COUNTY, MINNESOTA
PROJECT TITLE:JRPCHK'D BY:MSAPP'D BY:SEHCERTIFICATION:8080 MITCHELL RDEDEN PRAIRIE, MN 55344ISSUED FOR CONSTRUCTION09/19/2024 0
09/19/20240C-201RESTORATION PLANREINSTALL SALVAGEDSIGNSINSTALL TIMBER BOLLARDSW/CHAIN RAILING AT 5-FOOTOFFSET BETWEEN POSTS(DETAIL 4/C-801)INSTALL TIMBER BOLLARDS W/CHAINRAILING AT 8-FOOT OFFSET (DETAIL4/C-801). CITY OF EDEN PRAIRIE TOFIELD MARK POST LOCATIONS.NOTES:1. ALL DISTURBED AREAS SHALL BE RESTORED WITHOWNER/ENGINEER-APPROVED TEMPORARY SEEDAND EROSION CONTROL BLANKET CATEGORY 25.2. THE DOUBLE SILT FENCE AND ALL OTHERTEMPORARY EROSION CONTROL MEASURES SHALLBE REMOVED ONCE 70% VEGETATIONESTABLISHMENT HAS OCCURRED.3. PROTECT CULVERT THAT RUNS UNDER THEACCESS PATH AT THE BOTTOM OF THE HILL(INCIDENTAL).4. PROTECT ALL TREES NOT SPECIFIED FORREMOVAL (INCIDENTAL).5. SITE STABILIZATION AND RESTORATION MEASURESSHALL BE TAKEN ON A DAILY BASIS DUE TO THESTEEP SLOPES ONSITE WITH ACCEPTANCE FROMTHE OWNER/ENGINEER (INCIDENTAL).LEGENDPROJECT COMPLETION MINORCONTOURPROJECT COMPLETION MAJORCONTOURPRE-CONSTRUCTION DIRT PATH EDGECONSTRUCTION LIMITSOUTCROPPING STONE STEPSX4' WIDE AGGREGATE PATHSEPARATION LINE BETWEENTIMBER BOLLARDS W/CHAINRAILING AT 8-FOOT OFFSET ANDAT 5-FOOT OFFSETRTA CONSERVAT
ION
RDFLYING
CLOUD
DRFeet060120Feet02550RESTORE ACCESS PATH TOPRE-CONSTRUCTION CONDITIONS WITHOWNER/ENGINEER ACCEPTANCE (INCIDENTAL)EXISTING DIRT TRAILCONSTRUCTION LIMITSBOULDER RETAINING WALL,TYP. (DETAIL 2/C-802)MNDOT RIPRAP CLASS IIIOVERFLOW CHANNEL(DETAIL 3/C-803)MNDOT CLASS II RIPRAP CHANNEL(520 LF) (DETAIL 1/C-802)OUTCROPPING STONESTEPS, TYP. (DETAIL 4/C-802)TEMPORARY SEED MIX WITHCATEGORY 25 EROSION CONTROLBLANKET (DETAIL 3/C-801)TEMPORARY SEED MIX SHALLEXTEND TO CITY-DELINEATEDREMNANT PRAIRIE EDGETILL UP COMPACTED SOIL ATTHE OLD PICNIC TABLELOCATION AND PLACESALVAGED TOPSOIL FROMONSITE TO HELP VEGETATIONESTABLISH (INCIDENTAL)WOODLAND SEED MIX WITHCATEGORY 25 EROSION CONTROLBLANKET (DETAIL 3/C-801) (SEESPECIFICATIONS FOR MIX DESIGN)4' WIDE AGGREGATE PATHWOODLAND SEED MIX WITHCATEGORY 25 ECBTEMPORARY SEED MIX WITHCATEGORY 25 ECBTIMBER BOLLARDS W/CHAIN RAILING(8-FOOT OFFSET)TIMBER BOLLARDS W/CHAIN RAILING(5-FOOT OFFSET)
CITY COUNCIL AGENDA SECTION: Consent Calendar
DATE: Oct. 15, 2024
DEPARTMENT/DIVISION:
Public Works/Utilities
Rick Wahlen
ITEM DESCRIPTION:
Declare Surplus Property – Used Water Meters
ITEM NO.:
VIII.G.
Requested Action
Move to: Declare Used Water Meters as Surplus for Disposal. Synopsis Eden Prairie Utilities has accumulated 1,200 old water meter assemblies that have been taken out
of service at residential homes and commercial properties by Eden Prairie employees. The old meter assemblies were replaced with new cellular water meter systems. This surplus declaration will allow us to dispose of the used, obsolete components. Background Information
Disposal of replaced, obsolete water meters is always a logistical challenge for communities undertaking a substantial water meter replacement project. The handling and disposal of the old meters replaced by the city’s meter change-out contractor was resolved by including disposal in the scope of work of the contract. Therefore, more than 16,000 old water meters replaced by
HydroCorp were removed and salvaged without the need for city staff support. Disposal of old meters replaced by city staff, however, are not included in the contract with HydroCorp, therefore this surplus declaration pertains to only the meter assemblies taken out of service by Utility Division meter technicians. City staff will dispose of the used systems in a manner most beneficial and a price most advantageous to the City.
Funds received from the sale of the surplus inventory will be placed into our water meter maintenance business unit of the water utility fund.
CITY COUNCIL AGENDA
SECTION: Petitions, Requests and Communications
DATE:
October 15, 2024
DEPARTMENT/DIVISION:
Scott Gerber, Fire Chief
ITEM DESCRIPTION:
Eden Prairie Firefighter Relief Association Bylaws Amendment
ITEM NO.:
IX.A.
Requested Action
Move to: Approve the Eden Prairie Firefighter Relief Association (EPFRA) Bylaw change as
unanimously recommended by the EPFRA Board of Trustees and approved by the general membership of the EPFRA.
Background
The proposed Bylaw change is designed to continue to promote positive recruitment and retention. The benefit increase will move EPFRA to the maximum allowable amount, as defined
by State Statue, of $15,000 per year of service.
In 2018 the City Council approved a Bylaw Amendment to increase the Lump Sum payment from $10,000 per year of service to $12,400 per year of service (attachment). In 2018, the City Council also passed a resolution supporting the EPFRA Board of Directors efforts to seek legislation increasing the Lump Sum cap to $15,000 per year of service (attachment). The
EPFRA Board of Trustees and the membership of the EPFRA held a meeting to discuss the proposed change to the Bylaws on September 19, 2024. A memo from the EPFRA President is attached.
The Bylaw wording change is illustrated in Article IX section 3 paragraph 2 of the Bylaws, an increase in the Lump Sum Service Pension:
Pension Benefit
Each member is entitled to either a monthly service pension benefit or a lump sum service pension benefit calculated as follows:
Monthly Service Pension
Effective 01/01/2005: A monthly service pension shall be calculated by multiplying $48.00 times
each year that the member has been an active firefighter in the Fire Department and member in
good standing of the Relief Association, up to a maximum pension of $1536.00.
Effective 01/01/2006: A monthly service pension shall be calculated by multiplying $50.00 times each year that the member has been an active firefighter in the Fire Department and member in
good standing of the Relief Association, up to a maximum pension of $1600.00.
Effective 01/01/2007: A monthly service pension shall be calculated by multiplying $52.00 times each year that the member has been an active firefighter in the Fire Department and member in
good standing of the Relief Association, up to a maximum pension of $1664.00.
Effective 01/01/2008: A monthly service pension shall be calculated by multiplying $54.00 times
each year that the member has been an active firefighter in the Fire Department and member in good standing of the Relief Association, up to a maximum pension of $1728.00.
Effective 01/01/2009: A monthly service pension shall be calculated by multiplying $56.00 times
each year that the member has been an active firefighter in the Fire Department and member in
good standing of the Relief Association, up to a maximum pension of $1792.00.
Lump Sum Service Pension:
A lump sum service pension shall be calculated as follows:
(i) For the period prior to 2011: 100 times Years of Service times monthly rate at the time of
retirement.
(ii) For the period from 2011 through May 31, 2013: 150 times Years of Service times monthly rate at the time of retirement.
(iii) For the period from June 1, 2013 through September 17, 2018: $10,000.00 per Year of Service.
(iv) For the period beginning September 18, 2018 and thereafter $12,400.00 per Year of Service
(v) For the period beginning January 1, 2025 and thereafter $15,000.00 per Year of Service
Attachments
• City Council Agenda Item – Cover Memo (2018)
• City Council Agenda Item – Resolution 2018
• Eden Prairie Firefighter Relief Association Bylaws – Specifically pages 15 and 29 for the change.
• Actuarial Forecast (August 2024)
• Notice of Special Meeting for the EPFRA (9-19-24)
CITY COUNCIL AGENDA
SECTION: Consent Calendar
DATE:
September 18, 2018
DEPARTMENT/DIVISION:
FIRE – George Esbensen
Fire Department
ITEM DESCRIPTION:
Eden Prairie Firefighter Relief Association Bylaws Amendment
ITEM NO.:
VIII.I.
Requested Action
Move to: Approve the two EPFFRA Bylaw changes as unanimously recommended by the
EPFFRA Board of Trustees and approved by the general membership of the EPFRA.
Background
The first proposed Bylaw change is designed to positively impact the EPFFRA plan’s long-term liability. The board of trustees’ goal is to incent eligible members to consider the one-time lump sum payment option vs. the monthly defined benefit. Historically, members have not elected the
lump sum option. Under recently amended Minnesota state statute, the EPFFRA can pay up to the maximum allowable amount of $15,000 per year of service. The board of trustees believes by moving to $12,400 per year of service amount, approximately 40% of future eligible members will elect the lump sum. By doing so, this would potentially limit the overall plan’s future liability by removing the automatic increase provision for those members with 15 years of
service, as well as the 2/3rds spousal benefit.
The reason the Relief Association is recommending $12,400 per year of services is because this approximates the value of the monthly benefit currently defined as $56/month per year of service. We believe that very few members are taking the $10,000 lump sum (current benefit amount) because the value of that amount is less than the monthly benefit over the long term.
We feel that by raising the current lump sum benefit from $10,000 to $12,400, more members will elect the lump sum, thereby strengthening the pension in the long term.
The Bylaw wording change is illustrated in Article IX section 3 paragraph 2, an increase in the lump sum Lump Sum Service Pension:
As adopted, the language of Art. IX.3(2) reads:
(2) Lump Sum Service Pension: A lump sum service pension shall be calculated as follows: (i) For the period prior to 2011: 100 x Years of Service x Monthly Rate at time of retirement.
(ii) For the period from 2011 through May 31, 2013: 150 x Years of Service x Monthly Rate of
time of retirement.
(iii) For retirements during the period from June 1, 2013 through __________, 2018 (date to be determined by City Council) $10,000 per year of service.
(iv) For retirements during the period beginning __________, 2018 (date to be determined by City Council) and thereafter $12,400 per year of service.
2. The second proposed Bylaw change allows for a Return to Service by our most experienced
fire fighters. The benefit of allowing this is that the Fire Department hopes to retain its most
experienced members to provide continued services to our community. The mechanics of this change allows a fire fighter who has served for 10 years or more, and reaches age 50, to take a 60 day break in service and take the lump sum they are entitled to. After the break in service, they can come back to the department and if they complete 3 more years they can be eligible for an
additional lump sum benefit equal to the lump sum amount then payable under the Bylaws.
Adopting this Amendment will further incent taking the lump sum because a firefighter can only be eligible for a Return to Service if they originally take the lump sum. This further strengthens the Pension Fund in the long term by limiting its exposure.
Article III.6 would be changed as follows:
(b) Return to Service. If a member has a break in service of 60 days or more and receives a
lump sum payment, and not a monthly service pension, and then resumes active membership in the Fire Department and membership in the Association, he will be entitled to receive a lump sum payment for his subsequent period of service, provided he completes a minimum of three years of subsequent service. The lump sum for the subsequent period of service will be
based on the lump sum amount then payable under the Bylaws. Such payment shall have no
effect on the member’s previous service pension. In no event will the Association pay duplicate benefits for the same period of service.
If a deferred member resumes active membership in the Fire Department and completes at least three years of resumption service, he will qualify for any pension increases that occur
during the period of resumption service.
Except as provided in this paragraph (b), a member who has a break of service of more than 60 days and returns to active service will not receive any credit or earn an additional benefit for a subsequent period of service.
The above rules for payment of an additional benefit for a subsequent period of service do not
apply to leaves of absence for which a firefighter continues to receive service credit during the
leave under these Bylaws.
(c) Effective Date. The changes in this Article III.6. shall apply beginning __________, 2018, to members who retire on or after such date.
Attachments
Eden Prairie Firefighter Relief Association Bylaws
Actuarial report (July 2018)
Actuarial Forecast (June 2018) Value of Monthly Benefit (May 2017) Notice of Special Meeting for the EPFRA (9-6-18)
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2018-32
RESOLUTION SUPPORTING THE EDEN PRAIRIE FIRE RELIEF ASSOCIATION
BOARD OF DIRECTORS' EFFORTS TO SEEK LEGISLATION INCREASING THE
LUMP SUM CAP TO $15,000 PER YEAR OF SERVICE.
WHEREAS, MN Statute 424A.02 Subd. 3( d) sets a lump sum pension payout cap of
$10,000 for Fire Relief Association retirees; and
WHEREAS, increasing the cap would allow Eden Prairie Fire Relief Association to
consider raising lump sum payouts to more closely match monthly defined benefits; and
WHEREAS, such a change in the lump sum payout cap would encourage more retirees
to consider choosing the lump sum payout; and
WHEREAS, having more retirees choose the lump sum payout would help reduce Fire
Relief Associations' total plan liability over the long term.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Eden
Prairie, Minnesota, that the City Council hereby supports the efforts of the Eden Prairie Fire
Relief Association Board of Trustees to seek legislation increasing the lump sum pension payout
cap to $15,000 per year of service.
ADOPTED by the City Council of the City of Eden Prairie, Minnesota this 5th day of
February, 2018.
ATTEST:
Effec ve 01/01/2008: A monthly service pension shall
be calculated by mul plying $54.00 mes each year that
the member has been an ac ve firefighter in the Fire
Department and member in good standing of the Relief
Associa on, up to a maximum pension of $1728.00.
Effec ve 01/01/2009: A monthly service pension shall
be calculated by mul plying $56.00 mes each year that
the member has been an ac ve firefighter in the Fire
Department and member in good standing of the Relief
Associa on, up to a maximum pension of $1792.00.
Lump Sum Service Pension:
A lump sum service pension shall be calculated as follows:
(i) For the period prior to 2011: 100 mes Years of Service mes monthly
rate at the me of re rement.
(ii) For the period from 2011 through May 31, 2013: 150 mes Years of
Service mes monthly rate at the me of re rement.
(iii) For the period from June 1, 2013 through September 17, 2018:
$10,000.00 per Year of Service.
(iv) For the period beginning September 18, 2018 and therea er $12,400.00
per Year of Service
(v) For the period beginning January 1, 2025 and therea er $15,000.00 per
Year of Service
4. Defini on of Ac ve Firefighter
A period of me cannot be used to calculate a monthly or lump sum service pension unless
during the en re period of me the member sa sfies the qualifica on of “ac ve service”, as
found in Ar cle III, paragraph 8 of these bylaws.
5. Volunteer Separa on while Full-Time Fire Department Employee
Notwithstanding any by-law to the contrary, the Associa on may pay or con nue paying a
service pension or disability benefit to a member who has not separated from “ac ve service”
as defined herein with the Fire Department if:
a) The Member is employed by the City of Eden Prairie to perform du es within
the Fire Department on a full- me basis subsequent to re rement as a volunteer
firefighter, and
b) The City Manager or the Fire Chief has filed a determina on with the
Associa on’s Board of Trustees that the Member’s experience with and service
to the Fire Department in that Member’s full- me capacity would be
difficult to replace, and
Eden Prairie Firefighter Relief Association Page | 15
Ar cle XX - Effec ve Date
These bylaws were adopted by the Membership on the 19 th day of September 2024 and supersede all
prior bylaws of this Associa on.
_____ Collin O’Brien _________ ______ Thomas Wilson ___________
Associa on President Associa on Secretary
Collin O’Brien Thomas Wilson
These bylaws were approved by the City of Eden Prairie City Council on the 15 st day of October 2024 .
_________________
City Clerk
City of Eden Prairie, MN
Eden Prairie Firefighter Relief Association Page | 29
Eden Prairie Firefighter Relief Association
2024 Benefit Structure Analysis
1 - Baseline 2 - Benefit
Level
3 - Mid-Year
Adjustment
Provisions and Assumptions
Lump Sum =
$12,400
Lump Sum =
$15,000
Lump Sum =
$15,000
Valuation Date 1/1/2024 1/1/2024 7/1/2024
Valuation Interest Rate 5.00%5.00%5.00%
Lump Sum Election Rate 50%50%50%
Liabilities
Active Members 5,912,000 6,573,000 6,781,000
Deferred 1,956,000 1,956,000 1,689,000
In Payment (Retiree, Beneficiary, Disabled) 14,001,000 14,001,000 13,668,000
Total Actuarial Accrued Liability 21,869,000 22,530,000 22,138,000
Funded Status
Total Actuarial Accrued Liability 21,869,000 22,530,000 22,138,000
Market Value of Assets 22,908,000 22,908,000 23,341,000
Unfunded Actuarial Liability / (Surplus) (1,039,000) (378,000) (1,203,000)
Funded Status 104.8%101.7%105.4%
Required Funding Contribution 2024 2024 2024
Actuarial accrued liability 21,869,000 22,530,000 22,138,000
Market value of assets 22,908,000 22,908,000 23,341,000
Unfunded actuarial accrued liability (1,039,000) (378,000) (1,203,000)
Credit for surplus (10% of UAL) (104,000) (38,000) (120,000)
Normal cost 500,000 558,000 526,000
Administrative expenses (prior year x 1.035) 28,000 28,000 28,000
Amortization of UAL 0 0 0
Interest to year end 21,000 27,000 22,000
Required contribution 445,000 575,000 456,000
Estimated State Aid (624,000) (624,000) (624,000)
Estimated City Contribution 0 0 0
Notes
- These results are based on results from the actuarial funding valuation report as of January 1, 2024.
Unless otherwise specified, data, assumptions, and methods are as described in that report.
- Scenario 3 reflects retiree deaths and lump sum payments through 6/30/2024.
- It is assumed that the monthly benefit level remains at $56.00 per year of service.
USI Consulting Group 1 of 1 8/19/2024
Eden Prairie Fire Relief Association
By-Law Update dated September 19, 2024
Eden Prairie Fire Relief is requesting the Eden Prairie City Council approve the updated by-law
language reflected in the attached information which moves the lump-sum pension distribution
to the state maximum of $15,000 per year of service beginning January 1, 2025.
Article IX - Pension Benefits 3.(v)
For the period beginning January 1, 2025 and thereafter $15,000.00 per Year of Service
Eden Prairie Fire Relief hosted the annual meeting of the membership on September 19, 2024.
A majority of the board was present and a quorum of the membership was obtained. At this
meeting a few updates were provided to the membership as well as three action items.
City Council ratification is needed to change the by-law, updating the service pension for
lump-sum distributions beginning January 1, 2025, to the state maximum of $15,000 per year of
service.
This agenda item was motioned, seconded and opened for discussion for 41 minutes where the
membership was afforded time to weigh in on their position and provide any perspective they
deemed appropriate for the membership. Voting occurred and the measure passed with 71.2%
approval.
EPFRA offers two pension elections; a monthly option of $56 per month per year of service and
a lump-sum option $12,400. There were two major goals of this change: the primary goal was
to retain individuals who have not yet hit the 10-year vesting period and have offers to move to a
career firefighting option and recruit other duty-crew firefighters into the city of Eden Prairie. The
second goal is to provide long-term financial stability to plan by reducing the number of people
who elect to take the monthly distribution model.
It is the recommendation of the EPFRA Board of Trustees and EPFRA membership that the city
council ratify this change to the by-law effective January 1, 2025.
Eden Prairie Fire Relief
Collin O’Brien, President
CITY COUNCIL AGENDA
SECTION: Public Hearings
DATE:
Oct. 15, 2024
DEPARTMENT/DIVISION:
Ashton Kogel
Public Works / Engineering
ITEM DESCRIPTION:
Special Assessment Hearing for the Approval of the 2024 Special Assessments
ITEM NO.:
X.A.
Requested Action
Move to: Close the public hearing for the approval of the 2024 Special Assessments and;
Adopt the resolution approving all Special Assessments presented in the fall of 2024.
Synopsis Each year, the City Council holds a public hearing to consider levying the Special Assessments that
have been identified over the previous 12 months. This year, the Council will address a list of
projects and supplemental assessments for such things as trunk utility assessments, connection fees, and removal of tall grass, weeds, trees and a hazardous building. Staff recommends Council approve the list of assessments.
Background Information
City Council established the amount to be assessed for the Fall 2024 assessment hearing at its regular meeting on September 17, 2024. See Exhibit A for the list of Projects and Supplementals that the Council will be asked to approve for levying Special Assessments for collection with
property taxes. The total amount proposed to be assessed in 2024 is $217,610.19.
Attachments
• Resolution
• Exhibit A
• Published Notice
• Notification List
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 2024-____ WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections in the proposed assessments for the following improvements to wit: (See Exhibit A attached) NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie: 1. Such proposed assessments are hereby accepted and shall constitute the special assessment against the lands in the final assessment rolls, and each tract of land therein included is hereby found to be benefitted by the improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit A, except no interest shall be charged if the entire assessment is paid within 30 days of the adoption of this resolution. To the first installment shall be added interest on the entire assessment from November 1, 2024 until December 31, 2025. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes beginning in 2025. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Clerk, except that no interest shall be charged if the entire assessment is received by the City and paid within 30 days from the adoption of this resolution; and he/she may, at any time thereafter, pay to the city treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. It is hereby declared to be the intention of the Council to reimburse itself in the future for the portion of the cost of this improvement paid for from municipal funds by levying additional assessments, on notice and hearings as provided for the assessments being made, upon any properties abutting on the improvements but not herein assessed for the improvement when changed conditions relating to such properties make such assessment feasible. APPROVED on October 15, 2024 ____________________________ Ronald A. Case, Mayor ATTEST: SEAL ____ David Teigland, City Clerk
EXHIBIT A
Supplementals
Trunk Sewer & Water Parcel PID # Years / % 2024 Amount
The Pemtom Land Co. 29-116-22-13-0001 5 Years at 5.31% $13,000.50
Pulte Homes of Minnesota LLC 20-116-22-33-0002 5 Years at 5.31% $26,188.05
Pulte Homes of Minnesota LLC 20-116-22-33-0003 5 Years at 5.31% $26,188.05
Sewer & Water Connection Fee
6285 Duck Lake LLC 05-116-22-21-0113 5 Years at 5.31% $24,544.00
6285 Duck Lake LLC 05-116-22-21-0114 5 Years at 5.31% $24,544.00
Craig & Jessica Schmidt 05-116-22-21-0116 5 Years at 5.31% $24,544.00
Emily Callahan 29-116-22-43-0006 5 Years at 5.31% $24,544.00
Tall Grass & Weed Contracted Removal
Abdilatif Hasan & Sahra Omar 04-116-22-31-0033 1 Year at 5.31% $248.00
Creative Builders Wizards LLC 05-116-22-23-0048 1 Year at 5.31% $248.00
Saueabh Kaushish 06-116-22-21-0027 1 Year at 5.31% $429.35
Hoai Pham 08-116-22-23-0054 1 Year at 5.31% $248.00
Dustin Haning 17-116-22-12-0051 1 Year at 5.31% $248.00
Duba Hassan Mohamed & Kadidja Hamad Mohamed 22-116-22-24-0015 1 Year at 5.31% $248.00
Binara Karuanayake 23-116-22-22-0052 1 Year at 5.31% $248.00
Alexander Rechkin 25-116-22-11-0021 1 Year at 5.31% $248.00
Tree Contracted Removal
Mike West 04-116-22-21-0041 1 Year at 5.31% $3,500.00
Realty Income Properties 3 LLC 08-116-22-43-0041 1 Year at 5.31% $2,490.00
EP Seva LLC 11-116-22-42-0044 1 Year at 5.31% $900.00
Naveed & Brandy Siddiqui 16-116-22-41-0012 1 Year at 5.31% $1,748.00
SSCI Minnesota Corporation 17-116-22-11-0028 1 Year at 5.31% $3,039.00
David & Julie Cook 25-116-22-31-0048 1 Year at 5.31% $2,076.00
Cheryl & Jeffrey Cowan 36-116-22-43-0003 1 Year at 5.31% $1,250.00
Hazardous Building Removal
Creative Builders Wizards LLC 05-116-22-23-0048 1 Year at 5.31% $36,889.24
NOTICE OF HEARING ON PROPOSED SPECIAL ASSESSMENTS
Notice is hereby given that the City Council will meet at 7:00 p.m. on Tuesday, October 15, 2024 in the City Center, 8080 Mitchell Road, Eden Prairie, Minnesota, for the purpose of holding a Public Hearing to consider the proposed assessments for the following improvements in Hennepin County, Minnesota: Trunk Sewer & Water 29-116-22-13-0001 20-116-22-33-0002 20-116-22-33-0003 The total amount to be assessed is $65,376.60. Sewer & Water Connection Fees 05-116-22-21-0113
05-116-22-21-0114 05-116-22-21-0116 29-116-22-43-0006
The total amount to be assessed is $98,176.00. Tall Grass & Weed Contracted Removal 04-116-22-31-0033
05-116-22-23-0048 06-116-22-21-0027 08-116-22-23-0054 10-116-22-23-0082 17-116-22-12-0051 22-116-22-24-0015 23-116-22-22-0052 25-116-22-11-0021 The total amount to be assessed is $2,413.35. Tree Contracted Removal 04-116-22-21-0041
08-116-22-43-0041 11-116-22-13-0003 11-116-22-42-0044 16-116-22-41-0012 17-116-22-11-0028 25-116-22-31-0048
36-116-22-43-0003 The total amount to be assessed is $16,068.00. Hazardous Building Removal 05-116-22-23-0048 The total amount to be assessed is $36,889.24. The proposed assessment roll is now on file with the City Clerk and in the office of the City Engineer and is open to inspection by all persons interested. All persons who wish to be heard with reference to the assessment roll should be present at the hearing to present either written or oral objections. Written or oral objections thereto by any property owner will be considered by the Council prior to the adoption of the assessment roll.
CAUTION: No appeal may be taken as to the amount of any assessment adopted unless a written objection, signed by the affected property owner, is filed with the City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. An owner may appeal an assessment to the District Court pursuant to
Minnesota Statutes 429.081, by serving notice of the appeal upon the Mayor or City Clerk within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or Clerk. For your further information, please note the following: Pursuant to Minnesota Statutes
435.193 through 435.195, which establishes a hardship assessment deferral for seniors or retired disabled, the procedure to obtain a deferred assessment and sets forth the events upon which the option to defer payment terminates and all amounts accumulated plus interest become due. Pursuant to these statutes, the City may defer
the payment of special assessments for homestead property of persons 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments, who meet
certain standards relating to eligibility. A deferment procedure is authorized by City Code Section 2.84 and has been established by City Resolution 83-177. The principal amount of special assessments deferred for such persons will bear interest, but not exceeding the original principal amount of the assessment. Payment of the interest will also be deferred and will be added to the principal amount of the deferred assessment. Any person who wishes to receive a deferment must make application to the City Engineer's office no later than November 10th of the year preceding the year in which an assessment is payable. Applications therefore may be obtained from the City of Eden Prairie by contacting: Ashton Kogel, Project Engineer City of Eden Prairie 8080 Mitchell Road
Eden Prairie, MN 55344 952-949-8316
By order of the City Council Published in the Sun Sailor on September 26, 2024
NOTIFICATION LIST
2024 SPECIAL ASSESSMENT HEARING NOTIFICATION LIST
A copy of the Public Hearing Notice has been sent to owners of the following parcels: 29-116-22-13-0001
20-116-22-33-0002 20-116-22-33-0003 05-116-22-21-0113 05-116-22-21-0114 05-116-22-21-0116 29-116-22-43-0006 04-116-22-31-0033 05-116-22-23-0048 06-116-22-21-0027 08-116-22-23-0054 10-116-22-23-0082
17-116-22-12-0051 22-116-22-24-0015 23-116-22-22-0052 25-116-22-11-0021 04-116-22-21-0041 08-116-22-43-0041
11-116-22-42-0044 16-116-22-41-0012 17-116-22-11-0028 25-116-22-31-0048 36-116-22-43-0003
CITY COUNCIL AGENDA
SECTION: Payment of Claims
DATE:
Oct. 15, 2024
DEPARTMENT/DIVISION:
Tammy Wilson, Office of the City Manager/Finance
ITEM DESCRIPTION:
Payment of Claims
ITEM NO.:
XI.
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 312403 - 312706
Wire Transfers 1036954 - 1037062
Wire Transfers 10775 – 10800
Purchasing Card 10787
City of Eden Prairie
Council Check Summary
10/15/2024
Division Amount
000 General 304 Senior Board 51
100 City Manager 14,472 308 E-911 3,010
101 Legislative 788 315 Economic Development 41
102 Legal Counsel 35,427 502 Park Acquistion & Development 15,559
110 City Clerk 220 509 CIP Fund 139,652
111 Customer Service 1,952 512 CIP Trails 159
112 Human Resources 334 513 CIP Pavement Management 644,031
113 Communications 1,084 522 Improvement Projects 2006 377
114 Benefits & Training 3,690 526 Transportation Fund 161,022
130 Assessing 1,592 539 2020 Improvement Projects 12,236
131 Finance 457 543 Police Remodel 8,040
132 Housing and Community Services -76 544 Shady Oak (FCD to Valley View)10,249
133 Planning 623 Total Capital Projects Fund 994,427
136 Public Safety Communications 9,402
137 Economic Development 1,672 601 Prairie Village Liquor 79,716
138 Community Development Admin.355 602 Den Road Liquor 135,577
150 Park Administration 446 603 Prairie View Liquor 86,023
151 Park Maintenance 39,103 605 Den Road Building 294
153 Organized Athletics 681 701 Water Enterprise Fund 345,562
154 Community Center 9,908 702 Wastewater Enterprise Fund 24,163
155 Beaches 11 703 Stormwater Enterprise Fund 52,519
156 Youth Programs 31,888 Total Enterprise Fund 723,854
157 Special Events 4,580
158 Senior Center 1,817 802 494 Commuter Services 25,906
159 Recreation Administration 177 807 Benefits Fund 1,012,014
160 Therapeutic Recreation 300 811 Property Insurance 287
162 Arts 3,470 812 Fleet Internal Service 375,577
163 Outdoor Center 1,066 813 IT Internal Service 24,233
168 Arts Center 2,346 815 Facilites Operating ISF 64,890
180 Police Sworn 17,623 816 Facilites City Center ISF 35,625
184 Fire 696,578 817 Facilites Comm. Center ISF 161,106
186 Inspections 392 818 Dental Insurance 12,796
200 Engineering 6,517 Total Internal Svc/Agency Fund 1,712,435
201 Street Maintenance 13,047
202 Street Lighting 75,102 Report Total 4,418,018
Total General Fund 977,044
301 CDBG 4,970
303 Cemetary Operation 3,088
312 Recycle Rebate 2,200
Total Special Revenue Fund 10,258
City of Eden PrairieCouncil Check Register by GL
10/15/2024
Amount Supplier / Explanation Account Description Business Unit Comments
665,703 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Fire Relief Pension Payment Fire Eden Prairie Fire Relief payment
588,067 NORTHWEST ASPHALT Improvement Contracts CIP Pavement Management Prairie Center Dr Pavement Rehab
367,110 HEALTHPARTNERS Insurance Health and Benefits Oct 2024 Premiums
309,839 UKG INC Federal Taxes Withheld Health and Benefits Payroll Taxes PR Ending 09.20.24
247,411 XCEL ENERGY Electric Various Funds Multi premise electric
229,030 PUBLIC EMPLOYEES RETIREMENT ASSOCIATION PERA Health and Benefits PERA PR Ending 09.06.24
175,477 TOWMASTER INC Autos Fleet Capital Vehicle 162 upfitting
132,828 Q3 CONTRACTING INC Improvement Contracts Capital Maint. & Reinvestment 2024 ADA Ped. Ramp Project
120,279 SJE INC Improvement Contracts Water Capital Well 5 Wellhouse Demo and Rehab
111,228 KRAEMER NORTH AMERICA LLC Improvement Contracts Transportation Fund Duck Lake Rd Reconstruction
100,725 SRF CONSULTING GROUP INC Design & Engineering CIP Pavement Management Various Improvement Projects
79,048 ABM EQUIPMENT AND SUPPLY COMPANY Autos Fleet Operating
74,964 LANO EQUIPMENT INC Autos Fleet Capital
64,592 USB-PURCHASING CARD Various Various Funds
56,750 KEYS WELL DRILLING COMPANY Improvement Contracts Water Capital
35,427 GREGERSON ROSOW JOHNSON & NILAN LTD Legal Legal Council
32,652 EMPOWER Deferred Compensation Health and Benefits
30,073 DIVERSE BUILDING MAINTENANCE Janitor Service Pool Maintenance
23,057 CENTERPOINT ENERGY Gas Various Funds
22,350 HYDROCORP Improvement Contracts Water Enterprise Fund
21,996 GRAYMONT Treatment Chemicals Water Treatment
21,010 BRAUN INTERTEC CORPORATION Testing CIP Pavement Management
20,173 REVOLUTIONARY SPORTS, LLC Instructor Service Recreational Sports
19,664 ICMA RETIREMENT TRUST-457 Deferred Compensation Health and Benefits
18,126 W W GOETSCH ASSOCIATES INC Repair & Maint. Supplies Water Treatment
17,270 EXCEL LAWN & LANDSCAPE Contract Svcs - Lawn Maint.Various Funds
16,875 WEX HSA - Employee Health and Benefits
15,993 PAYCHEX Wages and Benefits MM 494 Corridor Commission
15,814 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
15,810 PRECISION UTILITIES Equipment Repair & Maint Water Distribution
15,559 ISG Other Contracted Services Park Acquisition & Development
14,592 GRAYMONT Treatment Chemicals Water Treatment
14,308 XCEL ENERGY Electric Various Funds
13,881 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Den Road Liquor Store
12,162 ADVANCED ENGINEERING & ENVIRONMENTAL SE Design & Engineering Wastewater Lift Station
11,650 BRAUN INTERTEC CORPORATION Design & Engineering CIP Pavement Management
10,975 BPAS HRA Health and Benefits
10,725 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal
10,305 HAWKINS INC Treatment Chemicals Water Treatment
10,055 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
10,054 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
9,896 POMP'S TIRE SERVICE INC Tires Fleet Operating
9,878 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
9,703 MINNESOTA LIFE INSURANCE COMPANY Life Insurance EE/ER Health and Benefits
9,700 CELLEBRITE USA CORP Software Maintenance IT Operating
9,342 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
Amount Supplier / Explanation Account Description Business Unit Comments8,967 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
8,812 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
8,783 WATERFRONT RESTORATION LLC Other Contracted Services Stormwater Non-Capital
8,780 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie View Liquor Store
8,583 DG MINNESOTA CS 2021 LLC Electric Facilities Operating ISF
8,348 BEAUDRY OIL & PROPANE Motor Fuels Fleet Operating
8,137 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
8,040 CHOSEN VALLEY TESTING INC Other Contracted Services Police Remodel
8,036 HANSEN THORP PELLINEN OLSON Design & Engineering CIP Trails
7,970 LEGACY GYMNASTICS Instructor Service Recreational Sports
7,805 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
7,743 BRYAN ROCK PRODUCTS INC OCS - Asphalt Moss Site
7,674 MOTOROLA Operating Supplies Public Safety Communications
7,586 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Den Road Liquor Store
7,214 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Den Road Liquor Store
6,789 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement
6,612 GUARDIAN FLEET SAFETY LLC Autos Fleet Operating
6,530 WALL TRENDS INC Contract Svcs - General Bldg Park Shelters
6,499 HENNEPIN COUNTY TREASURER Licenses, Taxes, Fees Capital Impr. / Maint. Fund
6,443 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement
6,203 HINTERLAND CSG LLC Electric Facilities Operating ISF
6,122 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie Village Liquor Store
6,107 BARR ENGINEERING COMPANY Other Contracted Services Stormwater Non-Capital
6,048 TRANSPORTATION COLLABORATIVE & CONSULTAN Deposits General Fund
5,639 M-R SIGN CO INC Signs Traffic Signs
5,637 SOBANIA COMMUNITY SOLAR Electric Facilities Operating ISF
5,616 HEALTHPARTNERS Dental Insurance Dental Insurance
5,580 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
5,475 ERICKSON ENGINEERING COMPANY LLC Design & Engineering Engineering
5,410 RAINBOW TREECARE Other Contracted Services Tree Disease
5,300 MINNESOTA NATIVE LANDSCAPES Other Contracted Services Fire Station #2
5,207 HEALTHPARTNERS Dental Insurance Dental Insurance
5,175 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie View Liquor Store
5,134 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
5,107 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Den Road Liquor Store
5,076 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
5,037 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
4,970 RAY N WELTER HEATING Other Contracted Services Rehab
4,802 MADISON NATIONAL LIFE INSURANCE CO INC Disability Ins Employers Health and Benefits
4,791 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
4,774 MACQUEEN EQUIPMENT INC Operating Supplies Fire
4,600 CASTRO CLEANING LLC Janitor Service Utility Operations - General
4,444 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
4,436 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
4,370 CAPITOL BEVERAGE SALES LP Liquor Product Received Den Road Liquor Store
4,303 SOUTHERN GLAZER'S WINE AND SPIRITS OF MN Liquor Product Received Prairie View Liquor Store
4,116 MIDWEST WETLAND IMPROVEMENTS LLC Other Contracted Services Stormwater Non-Capital
4,046 CORE & MAIN Repair & Maint. Supplies Stormwater Collection
4,029 JOHNSON BROTHERS LIQUOR CO Liquor Product Received Prairie Village Liquor Store
3,994 FIRE SAFETY USA INC Operating Supplies Fire
Amount Supplier / Explanation Account Description Business Unit Comments3,947 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
3,900 XIGENT SOLUTIONS LLC Hardware - R&M IT Operating
3,830 TRANSPORT GRAPHICS Repair & Maint. Supplies Fire
3,803 SHORT ELLIOTT HENDRICKSON INC Design & Engineering Water Capital
3,783 STREICHERS Clothing & Uniforms Police Sworn
3,692 WEX FSA - Dependent Care Health and Benefits
3,594 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
3,567 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie Village Liquor Store
3,551 FASTENAL COMPANY Signs Park Maintenance
3,453 METRO SALES INCORPORATED*Equipment Rentals IT Operating
3,425 PRO TREE OUTDOOR SERVICES Other Contracted Services Tree Removal
3,346 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie View Liquor Store
3,300 ST CROIX ENVIRONMENTAL INC OCS-Well Field Mgmt Water Supply (Wells)
3,300 VAN PAPER COMPANY Cleaning Supplies Various Funds
3,280 JEFFERSON FIRE & SAFETY INC Repair & Maint. Supplies Fire
3,084 GRAINGER Repair & Maint. Supplies City Center - CAM
2,916 ZIEGLER INC Equipment Parts Fleet Operating
2,910 ARTISAN BEER COMPANY Liquor Product Received Den Road Liquor Store
2,836 BOYER TRUCKS Equipment Parts Fleet Operating
2,833 CEMSTONE PRODUCTS COMPANY Pavement Rehab Streets Pavement
2,784 BREAKTHRU BEVERAGE MN WINE & SPIRITS Liquor Product Received Prairie View Liquor Store
2,656 PRESCRIPTION LANDSCAPE Other Contracted Services Street Maintenance
2,616 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Den Road Liquor Store
2,508 THREE RIVERS PARK DISTRICT Instructor Service Recreational Sports
2,485 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
2,444 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
2,376 WILSFORD JAMES Reimbursable Training Fire
2,360 CAPITOL BEVERAGE SALES LP Liquor Product Received Prairie Village Liquor Store
2,352 CEF EP COMMUNITY SOLAR LLC Electric Facilities Operating ISF
2,307 PERA Wages and Benefits MM 494 Corridor Commission
2,300 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
2,294 STANTEC CONSULTING SERVICES INC OCS - Studies Stormwater Non-Capital
2,200 CERTIFIED APPLIANCE RECYCLING Waste Disposal Recycle Rebate
2,199 AMERICAN PRESSURE INC Repair & Maint. Supplies Water Treatment
2,198 MINNESOTA DEPARTMENT OF COMMERCE P&R Refunds Water Enterprise Fund
2,197 GYM WORKS Equipment Repair & Maint Fitness Center
2,193 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
2,169 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie View Liquor Store
2,122 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
2,095 THE ADVENT GROUP Temp 494 Corridor Commission
2,029 ARTISAN BEER COMPANY Liquor Product Received Prairie View Liquor Store
2,000 WILLENBRING DENISE Rebates Stormwater Non-Capital
1,914 OUTDOOR ENVIRONMENTS INC Other Contracted Services Eden Prairie Cemetery
1,904 DODGE OF BURNSVILLE Equipment Parts Fleet Operating
1,879 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
1,822 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1,788 WINEBOW Wine - Incentives Prairie Village Liquor Store
1,694 PAUSTIS & SONS COMPANY Liquor Product Received Prairie Village Liquor Store
1,653 WINEBOW Liquor Product Received Den Road Liquor Store
1,652 JASPER ENGINEERING & EQUIPMENT COMPANY Repair & Maint. Supplies Water Treatment
Amount Supplier / Explanation Account Description Business Unit Comments1,650 INNOVATIVE OFFICE SOLUTIONS Cleaning Supplies Arts Center
1,650 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
1,641 FIDELITY SECURITY LIFE INSURANCE CO Voluntary Employee Benefits Health and Benefits
1,640 TRI STATE BOBCAT INC.Equipment Parts Fleet Operating
1,619 HOHENSTEINS INC Liquor Product Received Den Road Liquor Store
1,584 AIRGAS USA LLC Contract Svcs - Pool Fire
1,570 BREAKTHRU BEVERAGE MN BEER LLC Liquor Product Received Prairie Village Liquor Store
1,552 MANSFIELD OIL COMPANY Contract Svcs - Fire/Life/Safe General Community Center
1,524 LYNDALE PLANT SERVICES Contract Svcs - Int. Landscape City Hall (City Cost)
1,505 FLYING CLOUD TRANSFER STATION 4553 Waste Disposal Park Maintenance
1,503 MENARDS Supplies - HVAC Street Maintenance
1,500 FOREST IRRIGATION LANDSCAPE & CONCRETE Improvement Contracts Stormwater Capital
1,500 SHIRAZI ELHAM Conference/Prof. Dev.494 Corridor Commission
1,489 GOPHER STATE ONE-CALL OCS - Utility Locates Water Distribution
1,488 IDENTISYS Contract Svcs - Security Facilities Staff
1,464 PHILLIPS WINE AND SPIRITS INC Liquor Product Received Prairie Village Liquor Store
1,455 AQUA LOGIC INC Contract Svcs - Pool Pool Maintenance
1,422 THE ADVENT GROUP Temp 494 Corridor Commission
1,415 YORKTOWN OFFICES Rent 494 Corridor Commission
1,403 CORE & MAIN Repair & Maint. Supplies Water Distribution
1,395 SHADYWOOD TREE EXPERTS INC Other Contracted Services Tree Removal
1,375 AMERICAN ENVIRONMENTAL LLC Equipment Repair & Maint Stormwater Collection
1,359 METROPOLITAN FORD Equipment Parts Fleet Operating
1,344 VAN PAPER COMPANY Cleaning Supplies Various Funds
1,329 ASPEN CARPET CLEANING Janitor Service Prairie Village Liquor Store
1,315 LEAST SERVICES COUNSELING Other Contracted Services Police Sworn
1,289 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
1,240 GRIMCO INC Operating Supplies Fleet Operating
1,233 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
1,230 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
1,222 CENTURYLINK Telephone City Center - CAM
1,217 METROPOLITAN FORD Equipment Repair & Maint Fleet Operating
1,200 NATIONAL COMPUTER TECHNOLOGIES Other Contracted Services Organizational Services
1,144 GENUINE PARTS COMPANY Equipment Parts Fleet Operating
1,134 METRO SALES INCORPORATED*Telephone IT Operating
1,118 ARTISAN BEER COMPANY Liquor Product Received Prairie Village Liquor Store
1,115 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
1,111 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
1,101 WEX FSA - Medical Health and Benefits
1,091 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
1,090 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1,081 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
1,069 BELLBOY CORPORATION Liquor Product Received Den Road Liquor Store
1,058 WEX FSA - Dependent Care Health and Benefits
1,051 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
1,007 BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
991 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Den Road Liquor Store
975 READY WATT ELECTRIC Equipment Repair & Maint Emergency Management
958 WINE COMPANY, THE Liquor Product Received Den Road Liquor Store
949 HOHENSTEINS INC Liquor Product Received Prairie View Liquor Store
Amount Supplier / Explanation Account Description Business Unit Comments949WEXOther Contracted Services Health and Benefits
945 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
926 PITNEY BOWES Office Supplies Customer Service
908 JOHN HENRY FOSTER MINNESOTA INC Maintenance Contracts Water Treatment
907 TWIN CITIES DOTS AND POP LLC Merchandise for Resale Concessions
907 MARTIN MARIETTA MATERIALS Pavement Rehab Streets Pavement
898 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
896 KORAS, JORDAN Tuition Reimbursement/School Police Sworn
893 INTERNATIONAL UNION OF OPERATING Union Dues Withheld Health and Benefits
880 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
880 METROPOLITAN MECHANICAL CONTRACTORS Building Repair & Maint.General Community Center
867 WEX HSA - Employer Health and Benefits
866 OLSEN'S EMBROIDERY/COMPANY Safety Supplies Fleet Operating
866 WINE COMPANY, THE Liquor Product Received Prairie View Liquor Store
861 SYSCO WESTERN MINNESOTA Merchandise for Resale Concessions
857 CLAREY'S SAFETY EQUIPMENT Protective Clothing Fire
856 UKG INC Garnishment Withheld Health and Benefits
850 HENNEPIN COUNTY I/T DEPT Equipment Repair & Maint Public Safety Communications
845 WALL TRENDS INC Contract Svcs - General Bldg Fire Station #1
843 REINDERS INC Chemicals Park Maintenance
835 GREAT LAKES COCA-COLA DISTRIBUTION Liquor Product Received Prairie View Liquor Store
834 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
823 WM MUELLER AND SONS INC Pavement Rehab Water Distribution
804 VINOCOPIA Liquor Product Received Den Road Liquor Store
803 PRINCIPAL FINANCIAL GROUP Wages and Benefits MM 494 Corridor Commission
780 WM MUELLER AND SONS INC Repair & Maint. Supplies Park Maintenance
738 MEGA BEER Liquor Product Received Den Road Liquor Store
729 MAVERICK WINE LLC Liquor Product Received Prairie Village Liquor Store
722 HOHENSTEINS INC Liquor Product Received Prairie Village Liquor Store
720 WINEBOW Liquor Product Received Prairie View Liquor Store
716 T-MOBILE Cell/Pager Plans IT Operating
704 VINOCOPIA Liquor Product Received Den Road Liquor Store
702 VESTIS SERVICES LLC Janitor Service Prairie View Liquor Store
676 MENARDS Cleaning Supplies Water Treatment
660 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
652 OSI BATTERIES INC Office Supplies Police Sworn
650 D H EXCAVATING Other Contracted Services Eden Prairie Cemetery
625 MARTIN-MCALLISTER Employment Support Test Organizational Services
600 REIKI WITH BAILEE LLC Other Contracted Services Specialty Fitness Programs
589 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
586 GREAT LAKES COCA-COLA DISTRIBUTION Merchandise for Resale Concessions
585 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
578 WINE COMPANY, THE Liquor Product Received Prairie Village Liquor Store
574 DURKEE, DAVID Other Contracted Services Theatre Initiative
557 PMA FINANCIAL NETWORK INC Bank and Service Charges Various Funds
556 MEGA BEER Liquor Product Received Prairie Village Liquor Store
550 MIDWEST AQUA CARE INC Other Contracted Services Park Maintenance
548 EMERGENCY TECHNICAL DECON Protective Clothing Fire
545 MINNESOTA VALLEY ELECTRIC COOPERATIVE Electric Traffic Signals
543 THE OASIS GROUP Employee Assistance Organizational Services
Amount Supplier / Explanation Account Description Business Unit Comments537BELLBOY CORPORATION Liquor Product Received Prairie View Liquor Store
532 FAT PANTS BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
525 PAUSTIS & SONS COMPANY Liquor Product Received Den Road Liquor Store
510 MAVERICK WINE LLC Liquor Product Received Den Road Liquor Store
505 CUSTOM HOSE TECH Equipment Parts Fleet Operating
504 MAVERICK WINE LLC Liquor Product Received Prairie View Liquor Store
502 INSIGHT BREWING COMPANY LLC Liquor Product Received Prairie View Liquor Store
500 REIVA, DANIEL P Other Contracted Services Theatre Initiative
500 WAYNES HOME SERVICES Window Washing Arts Center
491 PRAIRIE ELECTRIC COMPANY Contract Svcs - Elevator Outdoor Center Facilities
490 TWIN CITIES & WESTERN RAILROAD COMPANY Licenses, Taxes, Fees Utility Operations - General
484 CARLSTON, BRANDON Canine Supplies Police Sworn
473 INBOUND BREW CO Liquor Product Received Den Road Liquor Store
458 VINOCOPIA Liquor Product Received Prairie View Liquor Store
456 FORKLIFTS OF MINNESOTA INC Equipment Repair & Maint Water Treatment
453 PRYES BREWING COMPANY Liquor Product Received Den Road Liquor Store
450 DIETHELM, TAMMY L Other Contracted Services Eden Prairie Cemetery
435 USA INFLATABLES Other Contracted Services Outreach
435 BOUND TREE MEDICAL LLC EMS Supplies Fire
432 WINEBOW Liquor Product Received Den Road Liquor Store
430 WINE MERCHANTS INC Liquor Product Received Den Road Liquor Store
424 OXYGEN SERVICE COMPANY EMS Supplies-Oxygen Supplies Fire
420 DANGEROUS MAN BREWING CO LLC Liquor Product Received Den Road Liquor Store
417 DOMACE VINO LLC Liquor Product Received Prairie Village Liquor Store
413 CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie Village Liquor Store
412 CLEAR RIVER BEVERAGE CO Liquor Product Received Den Road Liquor Store
404 UNMAPPED BREWING CO Liquor Product Received Prairie View Liquor Store
404 INSIGHT BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
400 WM CORPORATE SERVICES INC Waste Disposal Fire Station #3
397 WEX FSA - Dependent Care Health and Benefits
397 MEGA BEER Liquor Product Received Prairie View Liquor Store
387 MID-AMERICA FESTIVALS Deposits General Fund
385 EDEN PRAIRIE FOUNDATION Deposits Den Road Liquor Store
384 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
380 JSW EMBROIDERY & TACKLE TWILL Clothing & Uniforms Assessing
370 GREATAMERICA FINANCIAL SVCS Postage Customer Service
370 MINNESOTA DEPT OF LABOR AND INDUSTRY Building Repair & Maint.General Community Center
368 EICHMAN NATHAN Canine Supplies Police Sworn
360 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
359 ENDEAVOR DEVELOPMENT Deposits General Fund
357 RIGID HITCH INCORPORATED Equipment Parts Fleet Operating
352 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie View Liquor Store
352 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
350 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
350 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store
350 US POSTMASTER - HOPKINS Postage Customer Service
347 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Den Road Liquor Store
336 CAMPBELL JEFF Travel Expense Utility Operations - General
325 ST CROIX LINEN LLC Operating Supplies-Linens Fire
325 PAFFY'S PEST CONTROL Contract Svcs - Pest Control City Center - CAM
Amount Supplier / Explanation Account Description Business Unit Comments321CLEAR RIVER BEVERAGE CO Liquor Product Received Prairie View Liquor Store
320 BERGMAN LEDGE LLC Liquor Product Received Den Road Liquor Store
306 CLAREY'S SAFETY EQUIPMENT Equipment Repair & Maint Facilities Staff
294 UNMAPPED BREWING CO Liquor Product Received Prairie Village Liquor Store
291 BARREL THEORY BEER COMPANY Liquor Product Received Den Road Liquor Store
290 CENTURYLINK Telephone E-911 Program
288 DANGEROUS MAN BREWING CO LLC Liquor Product Received Prairie Village Liquor Store
287 LMCIT Insurance Property Insurance
280 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie Village Liquor Store
278 DELTA DENTAL Wages and Benefits MM 494 Corridor Commission
270 ESTRINE, ROBERT Other Contracted Services Community Band
269 HENNEPIN COUNTY TREASURER Waste Disposal Park Maintenance
269 SMALL LOT MN Liquor Product Received Den Road Liquor Store
268 GRAINGER Cleaning Supplies Utility Operations - General
267 BARNUM GATE SERVICES INC Equipment Repair & Maint Water Supply (Wells)
266 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Den Road Liquor Store
265 VESTIS SERVICES LLC Janitor Service Prairie Village Liquor Store
265 LAWSON PRODUCTS INC Operating Supplies Fleet Operating
263 PAUSTIS & SONS COMPANY Liquor Product Received Prairie View Liquor Store
257 INBOUND BREW CO Liquor Product Received Prairie Village Liquor Store
255 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie View Liquor Store
252 AIRGAS USA LLC Contract Svcs - Pool Pool Maintenance
251 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
250 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
249 MOTOROLA Equipment Repair & Maint Public Safety Communications
248 WINE MERCHANTS INC Liquor Product Received Prairie Village Liquor Store
242 VENN BREWING COMPANY Liquor Product Received Prairie View Liquor Store
232 SHAKOPEE BREWHALL Liquor Product Received Den Road Liquor Store
232 MACQUEEN EQUIPMENT INC Equipment Parts Fleet Operating
230 TRANSUNION RISK & ALTERNATIVE DATA Other Contracted Services Police Sworn
230 VINOCOPIA Liquor Product Received Prairie View Liquor Store
228 FAT PANTS BREWING CO LLC Liquor Product Received Den Road Liquor Store
227 MOSER KATLYN Operating Supplies Theatre Initiative
222 CORDES JENNIFER Other Contracted Services Theatre Initiative
221 BELLBOY CORPORATION Liquor Product Received Prairie Village Liquor Store
221 VINOCOPIA Liquor Product Received Prairie Village Liquor Store
221 CDW GOVERNMENT INC.Computer -Accessories IT Operating
218 PROSOURCE SUPPLY Supplies - Pool Pool Maintenance
217 INVICTUS BREWING CO Liquor Product Received Prairie View Liquor Store
216 FREEZIAC Merchandise for Resale Concessions
210 ROQUE SARAH Travel Expense Fire
209 STEEL TOE BREWING LLC Liquor Product Received Prairie View Liquor Store
204 ALLENS SERVICE Equipment Repair & Maint Fleet Operating
203 STAPLES ADVANTAGE Office Supplies Customer Service
202 LIBATION PROJECT Liquor Product Received Prairie Village Liquor Store
202 ELM CREEK BREWING COMPANY Liquor Product Received Den Road Liquor Store
202 INBOUND BREW CO Liquor Product Received Prairie View Liquor Store
202 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
199 AM CRAFT SPIRITS SALES & MARKETING Liquor Product Received Prairie View Liquor Store
196 HENNEPIN COUNTY ACCOUNTS RECEIVABLE Board of Prisoner Police Sworn
Amount Supplier / Explanation Account Description Business Unit Comments196LAWN RANGER, INC, THE Other Contracted Services Park Maintenance
195 SUBURBAN CHEVROLET Equipment Parts Fleet Operating
192 VENN BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
192 FAT PANTS BREWING CO LLC Liquor Product Received Prairie View Liquor Store
192 BIG STATE INDUSTRIAL SUPPLY INC Repair & Maint. Supplies Wasterwater Collection
190 MODIST BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
189 STEEL TOE BREWING LLC Liquor Product Received Den Road Liquor Store
189 KILLMER RYAN Conference/Training IT Operating
185 NOVACARE REHABILITATION Employment Support Test Organizational Services
181 WEX FSA - Medical Health and Benefits
180 CENTERPOINT ENERGY Gas Arts Center
180 COMCAST Cable TV Fire
180 CENTURYLINK Internet IT Operating
178 GARTNER REFRIGERATION & MFG INC Contract Svcs - Ice Rink Ice Arena Maintenance
177 BRINK, LORI Mileage & Parking Recreation Admin
175 O'HALLORAN GRETCHEN C Licenses, Taxes, Fees Theatre Initiative
174 WINE MERCHANTS INC Liquor Product Received Prairie View Liquor Store
173 STEEL TOE BREWING LLC Liquor Product Received Prairie Village Liquor Store
170 STARRY EYED BREWING LLC Liquor Product Received Den Road Liquor Store
168 RED BULL DISTRIBUTING COMPANY INC Liquor Product Received Prairie View Liquor Store
168 TIMESAVER OFF SITE SECRETARIAL INC Other Contracted Services City Council
158 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Den Road Liquor Store
155 NEW FRANCE WINE COMPANY Liquor Product Received Den Road Liquor Store
150 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
150 USA SECURITY Maintenance Contracts Water Treatment
148 PROP - PR Charitable Contributions Health and Benefits
148 PROP - PR Charitable Contributions Health and Benefits
147 PRYES BREWING COMPANY Liquor Product Received Prairie Village Liquor Store
145 EICHMAN NATHAN Clothing & Uniforms Police Sworn
145 DOGWATCH OF THE TWIN CITIES Improvement Contracts Stormwater Capital
144 EDEN PRAIRIE FIREFIGHTER'S RELIEF ASSOC Union Dues Withheld Health and Benefits
131 LIBATION PROJECT Liquor Product Received Prairie View Liquor Store
126 HEADFLYER BREWING Liquor Product Received Prairie Village Liquor Store
126 HEADFLYER BREWING Liquor Product Received Den Road Liquor Store
126 HEADFLYER BREWING Liquor Product Received Prairie View Liquor Store
125 LAMOORE ANNASTESIA Other Contracted Services Theatre Initiative
120 I-STATE TRUCK CENTER Equipment Parts Fleet Operating
120 ELM CREEK BREWING COMPANY Liquor Product Received Prairie View Liquor Store
120 MPX GROUP, THE Printing Fire
119 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Prairie Village Liquor Store
111 DOMACE VINO LLC Liquor Product Received Prairie Village Liquor Store
110 INVICTUS BREWING CO Liquor Product Received Prairie Village Liquor Store
106 56 BREWING LLC Liquor Product Received Prairie Village Liquor Store
99 SHRED RIGHT Waste Disposal Fire Station #1
97 COMCAST Internet IT Operating
97 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
96 56 BREWING LLC Liquor Product Received Prairie View Liquor Store
91 LENCO ARMORED VEHICLES Equipment Repair & Maint Police Sworn
91 NEW FRANCE WINE COMPANY Liquor Product Received Prairie View Liquor Store
90 WOODEN HILL BREWING COMPANY LLC Liquor Product Received Den Road Liquor Store
Amount Supplier / Explanation Account Description Business Unit Comments89MACHEMEHL BENJAMIN Conference/Training Park Maintenance
88 INTERTECH INC Contract Development IT Operating
84 COMCAST Cable TV Fire
83 PAYCHEX Payroll Admin. Fees 494 Corridor Commission
80 MANGALORE AMEET P&R Refunds Community Center Admin
75 PROPIO LS LLC Other Contracted Services Pool Operations
71 MTI DISTRIBUTING INC Equipment Parts Fleet Operating
70 ECM PUBLISHERS INC Legal Notices Publishing City Clerk
67 SHAMROCK GROUP, INC - ACE ICE Liquor Product Received Prairie Village Liquor Store
64 A TO Z RENTAL CENTER Repair & Maint. Supplies Fire
61 ACME TOOLS Repair & Maint. Supplies Stormwater Collection
60 ASPEN MILLS Postage Fire
56 GOLDENSTEIN, JAMES Mileage & Parking IT Operating
51 COMCAST Internet IT Operating
50 DAXKO LLC Software Maintenance IT Operating
50 QUALITY PROPANE Motor Fuels Ice Arena Maintenance
45 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits
45 CHC CREATING HEALTHIER COMMUNITIES Charitable Contributions Health and Benefits
40 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
40 MINNESOTA POLLUTION CONTROL AGENCY Conference/Training Utility Operations - General
34 COMCAST Other Contracted Services Police Sworn
33 ASTLEFORD EQUIPMENT COMPANY INC Equipment Parts Fleet Operating
32 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
31 ASPEN MILLS Clothing & Uniforms Police Sworn
29 MINNESOTA CLAY CO. USA Operating Supplies Arts Center
28 LAKE WEST DEVELOPMENT LLC Deposits General Fund
26 TOLL GAS AND WELDING SUPPLY Repair & Maint. Supplies Utility Operations - General
23 MINNESOTA DEPT OF HEALTH Conference/Training Utility Operations - General
21 FLEETPRIDE INC Equipment Parts Fleet Operating
21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
21 EDEN PRAIRIE CRIME PREVENTION FUND Charitable Contributions Health and Benefits
20 WEX FSA - Medical Health and Benefits
19 SHRED RIGHT Waste Disposal City Hall (City Cost)
16 GEIS, ROB Clothing & Uniforms Police Sworn
15 UPS Postage Utility Operations - General
14 CLAVER AARON Deposits General Fund
10 CULLIGAN BOTTLED WATER Corridor Comm. Misc 494 Corridor Commission
8 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
8 NCPERS GROUP LIFE INSURANCE PERA Health and Benefits
8 RIDGECREST EDEN PRAIRIE LLC Deposits General Fund
1 WEX FSA - Medical Health and Benefits
4,418,018 Grand Total
City of Eden Prairie
Purchasing Card Report
10/15/2024
Amount Account Description Business Unit
5,926 Miscellaneous Internal Events
4,207 Building Surcharge General Fund
3,027 Other Contracted Services Wine Club/Events
3,014 Software Maintenance IT Operating
2,375 Conference/Training Facilities Staff
2,200 EMS Supplies Fire
1,700 Equipment Repair & Maint Fleet Operating
1,325 Computers E-911 Program
1,317 Computers E-911 Program
1,280 Conference/Training Economic Development
1,042 Operating Supplies Sustainable Eden Prairie
1,019 Mechanical Surcharge General Fund
1,000 Employee Award Organizational Services
1,000 Operating Supplies Special Events Admin
900 Conference/Training Utility Operations - General
841 Special Event Fees Senior Center Programs
825 Tuition Reimbursement/School Police Sworn
800 Merchandise for Resale Concessions
788 Reimbursable Training Fire
700 Clothing & Uniforms Arts Center
700 Equipment Repair & Maint Fleet Operating
656 Repair & Maint. Supplies Fire
622 Equipment Repair & Maint Fleet Operating
599 Licenses, Taxes, Fees Fitness Classes
593 Operating Supplies Police Sworn
575 Dues & Subscriptions Planning
550 Training Supplies Police Sworn
499 Dues & Subscriptions Internal Events
498 Supplies - General Bldg General Community Center
479 Operating Supplies Pool Lessons
464 Operating Supplies Pool Operations
438 Equipment Repair & Maint Senior Center Programs
431 Operating Supplies Volleyball
427 Operating Supplies - Food Fire
Amount Account Description Business Unit
424 Operating Supplies Arts in the Park
423 Bank and Service Charges Den Road Liquor Store
404 Operating Supplies Pool Lessons
399 Other Contracted Services Liquor Store Delivery
396 Repair & Maint. Supplies Water Treatment
392 Operating Supplies Inspections-Administration
377 Travel Expense Economic Development
362 Travel Expense Assessing
360 Dues & Subscriptions Facilities Staff
350 Tuition Reimbursement/School Police Sworn
340 Travel Expense Utility Operations - General
340 Travel Expense Utility Operations - General
332 Operating Supplies Tree Disease
330 Operating Supplies Gymnasium (CC)
315 Plumbing Surcharge General Fund
303 Software Maintenance IT Operating
300 Tuition Reimbursement/School Police Sworn
299 Dues & Subscriptions Human Resources
295 Deposits General Fund
295 Deposits General Fund
287 Operating Supplies - Food Fire
283 Small Tools Fire
282 Miscellaneous City Council
275 Operating Supplies Ice Operations
270 Conference/Training Community Center Admin
266 Miscellaneous City Council
260 Training Supplies Parks Administration
250 Conference/Training Finance
250 Awards Pickleball
250 Tuition Reimbursement/School Police Sworn
250 Tuition Reimbursement/School Police Sworn
250 Tuition Reimbursement/School Police Sworn
249 Dues & Subscriptions Community Development Admin.
243 Merchandise for Resale Concessions
242 Bank and Service Charges Prairie View Liquor Store
240 Operating Supplies July 4th Celebration
238 Supplies - HVAC General Community Center
237 Operating Supplies Arts in the Park
231 Travel Expense Communications
Amount Account Description Business Unit
225 Conference/Training Assessing
225 Conference/Training Assessing
224 Operating Supplies IT Operating
215 Conference/Training Fire
210 Dues & Subscriptions Youth Programs Admin
208 Operating Supplies Arts in the Park
205 Bank and Service Charges Prairie Village Liquor Store
205 Operating Supplies - Food Fire
205 Conference/Training Utility Operations - General
200 Conference/Training Assessing
200 Conference/Training Assessing
200 Operating Supplies Special Events Admin
200 Operating Supplies July 4th Celebration
200 Operating Supplies Arts Center
199 Dues & Subscriptions Communications
195 Conference/Training Fire
195 Conference/Training Fire
195 Conference/Training Fire
193 Dues & Sub-Memberships Fire
191 Tuition Reimbursement/School Police Sworn
191 Tuition Reimbursement/School Police Sworn
191 Tuition Reimbursement/School Police Sworn
183 Tuition Reimbursement/School Police Sworn
182 Operating Supplies Fire
182 Clothing & Uniforms Community Band
177 Tires Fleet Operating
174 Travel Expense Utility Operations - General
174 Video & Photo Supplies Fire
170 Operating Supplies Police Sworn
169 Operating Supplies Outreach
163 Merchandise for Resale Concessions
163 Operating Supplies Police Sworn
160 Clothing & Uniforms Special Events Admin
160 Office Supplies Utility Operations - General
155 Operating Supplies Police Sworn
154 Special Event Fees Senior Center Programs
150 Conference/Training Communications
150 Conference/Training Communications
150 Operating Supplies New Adaptive
Amount Account Description Business Unit
150 Operating Supplies New Adaptive
149 Dues & Subscriptions Communications
141 Printing Communications
135 Conference/Training Fitness Admin.
133 Training Supplies Parks Administration
127 Conference/Training Capital Maint. & Reinvestment
125 Computers - Hardware IT Operating
124 Operating Supplies Police Sworn
124 Operating Supplies Safety Camp
116 Operating Supplies Arts Center
115 Operating Supplies Fire
114 Operating Supplies Street Maintenance
113 Operating Supplies Police Sworn
110 Licenses, Taxes, Fees Fitness Classes
110 Computers - Hardware IT Operating
109 Operating Supplies Police Sworn
108 Office Supplies Utility Operations - General
107 Clothing & Uniforms Fire
105 Operating Supplies Senior Center Programs
104 Safety Supplies Park Maintenance
102 Office Supplies Customer Service
100 Clothing & Uniforms Staring Lake Concert
100 Conference/Training Youth Programs Admin
100 Computers Youth Programs Admin
99 Operating Supplies Tennis
99 Conference/Training Police Sworn
95 Operating Supplies Arts Center
93 Operating Supplies Elections
92 Bank and Service Charges Prairie Village Liquor Store
92 Bank and Service Charges Den Road Liquor Store
92 Bank and Service Charges Prairie View Liquor Store
91 Operating Supplies Fitness Classes
91 Operating Supplies Fitness Classes
90 Operating Supplies Community Center Admin
90 Dues & Subscriptions Police Sworn
90 Dues & Subscriptions Police Sworn
89 Software/Hardware Maint.Fire
89 Operating Supplies Outdoor Center
89 Operating Supplies Arts Center
Amount Account Description Business Unit
88 Operating Supplies Fire
87 Operating Supplies Arts Center
87 Operating Supplies Street Maintenance
87 Operating Supplies Street Maintenance
87 Operating Supplies Police Sworn
86 Operating Supplies Arts Center
85 Travel Expense Fire
85 Operating Supplies Arts Center
85 Operating Supplies Arts Center
84 Operating Supplies Police Sworn
81 Special Event Fees Senior Center Programs
81 Deposits General Fund
80 Operating Supplies Police Sworn
79 Dues & Subscriptions Youth Programs Admin
78 Computers E-911 Program
77 Deposits General Fund
76 Safety Supplies Pool Operations
76 Deposits General Fund
76 Operating Supplies Arts Center
75 Operating Supplies Day Camp
75 Other Contracted Services Specialty Fitness Programs
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
75 Tuition Reimbursement/School Police Sworn
74 Operating Supplies Arts Center
74 Equipment Parts Fleet Operating
74 Repair & Maint. Supplies Park Maintenance
73 Operating Supplies Arts Center
72 Operating Supplies July 4th Celebration
72 Operating Supplies Den Road Liquor Store
72 Operating Supplies Prairie View Liquor Store
72 Repair & Maint. Supplies Purgatory Creek Park
72 Operating Supplies Pool Operations
71 Operating Supplies Community Center Admin
71 Operating Supplies Police Sworn
70 Operating Supplies Special Initiatives
69 Operating Supplies Den Road Liquor Store
69 Operating Supplies Prairie View Liquor Store
69 Operating Supplies Prairie Village Liquor Store
Amount Account Description Business Unit
67 Operating Supplies Arts Center
67 Operating Supplies July 4th Celebration
64 Merchandise for Resale Concessions
63 Operating Supplies Pool Lessons
63 Operating Supplies Outdoor Center
62 Office Supplies Police Sworn
60 Operating Supplies Arts Center
60 Operating Supplies Fleet Operating
60 Operating Supplies Outdoor Center
60 Lab Supplies Water Treatment
59 Operating Supplies Arts Center
58 Operating Supplies Fitness Classes
58 Safety Supplies Pool Operations
58 Operating Supplies Pool Lessons
57 Merchandise for Resale Concessions
57 Miscellaneous Elections
56 Operating Supplies Arts Center
55 Dues & Subscriptions Police Sworn
54 Supplies - General Bldg City Hall (City Cost)
54 Operating Supplies Arts Center
53 Operating Supplies Parks Administration
50 Operating Supplies Outdoor Center
50 Operating Supplies Outdoor Center
49 Conference/Training Housing and Community Service
49 Advertising Special Initiatives
48 Conference/Training Planning
48 Conference/Training Community Development Admin.
48 Operating Supplies Prairie Village Liquor Store
48 Building Materials Street Maintenance
47 Repair & Maint. Supplies Park Maintenance
46 Operating Supplies Day Camp
46 Operating Supplies IT Operating
46 Operating Supplies Park Maintenance
46 Operating Supplies Special Initiatives
45 Operating Supplies Arts Center
45 Operating Supplies Outdoor Center
44 Employee Award Organizational Services
44 Operating Supplies Day Camp
44 Operating Supplies Police Sworn
Amount Account Description Business Unit
44 Operating Supplies Community Center Admin
43 Operating Supplies Outreach
43 Operating Supplies Outreach
43 Special Event Fees Senior Center Programs
42 Miscellaneous City Council
42 Operating Supplies July 4th Celebration
42 Operating Supplies Arts in the Park
41 Operating Supplies Arts in the Park
40 Operating Supplies Arts in the Park
40 Operating Supplies July 4th Celebration
40 Operating Supplies Outdoor Center
40 Operating Supplies Outdoor Center
39 Operating Supplies Community Center Admin
38 Employee Award Organizational Services
38 Operating Supplies Arts Center
37 Equipment Repair & Maint Senior Center Programs
36 Operating Supplies Arts Center
36 Operating Supplies Special Initiatives
36 Operating Supplies Emergency Management
35 Merchandise for Resale Senior Board
35 Conference/Training Human Resources
35 Travel Expense Communications
35 Travel Expense Fire
35 Operating Supplies Community Center Admin
33 Operating Supplies Public Safety Communications
33 Operating Supplies Community Development Admin.
32 Operating Supplies Fitness Classes
32 Supplies - General Bldg City Hall (City Cost)
31 Operating Supplies Playgrounds
30 Dues & Subscriptions Communications
30 Conference/Training Fleet Operating
30 Conference/Training Utility Operations - General
30 Reimbursable Training Fire
30 Dues & Sub-Cert & Licensing Fire
29 Operating Supplies Arts Center
29 Merchandise for Resale Concessions
28 Operating Supplies Police Sworn
27 Operating Supplies Pool Lessons
26 Operating Supplies Outdoor Center
Amount Account Description Business Unit
26 Advertising Arts in the Park
26 Operating Supplies Arts Center
25 Operating Supplies IT Operating
25 Conference/Training Community Development Admin.
25 Employee Award Organizational Services
25 Operating Supplies Fleet Operating
24 Equipment Parts Fleet Operating
24 Other Contracted Services Wine Club/Events
24 Operating Supplies Pool Operations
24 Repair & Maint. Supplies Facilities Staff
24 Operating Supplies Police Sworn
24 Equipment Parts Fleet Operating
23 Operating Supplies Fitness Classes
23 Operating Supplies Arts Center
23 Operating Supplies Special Initiatives
23 Operating Supplies Arts Center
23 Operating Supplies Arts Center
22 Operating Supplies Fitness Classes
22 Miscellaneous City Council
21 Conference/Training Utility Operations - General
21 Equipment Repair & Maint Senior Center Programs
20 Operating Supplies Arts Center
20 Conference/Training Finance
20 Conference/Training Finance
20 Dues & Subscriptions Police Sworn
19 Equipment Repair & Maint Senior Center Programs
19 Advertising Arts in the Park
18 Operating Supplies Outdoor Center
18 Operating Supplies Fire
18 Equipment Repair & Maint Senior Center Programs
18 Fire Prevention Supplies Fire
17 Other Contracted Services Organizational Services
16 Postage Fire
16 Operating Supplies Senior Board
16 Operating Supplies Police Sworn
16 Operating Supplies Pool Operations
15 Conference/Training Economic Development
15 Training Supplies Police Sworn
15 Operating Supplies Arts Center
Amount Account Description Business Unit
14 Operating Supplies Volunteers
13 Operating Supplies IT Operating
13 Operating Supplies Pool Operations
13 Employee Award Organizational Services
13 Operating Supplies Arts Center
13 Operating Supplies Arts Center
12 Merchandise for Resale Concessions
12 Operating Supplies Outdoor Center
12 Operating Supplies Fitness Admin.
12 Operating Supplies Outdoor Center
12 Operating Supplies Fleet Operating
12 Operating Supplies Tennis
11 Operating Supplies Beaches
11 Operating Supplies Senior Center Programs
11 Operating Supplies Day Camp
11 Operating Supplies Police Sworn
10 Operating Supplies Outdoor Center
10 Operating Supplies Ice Operations
10 Operating Supplies Police Sworn
10 Operating Supplies Police Sworn
10 Repair & Maint. Supplies Arts Center
10 Instructor Service Playgrounds
10 Operating Supplies Arts Center
10 Building Surcharge General Fund
10 Operating Supplies Arts Center
9 Operating Supplies Arts Center
9 Other Contracted Services Wine Club/Events
9 Dues & Subscriptions Youth Programs Admin
9 Miscellaneous City Council
9 Operating Supplies IT Operating
9 Operating Supplies Outdoor Center
8 Operating Supplies Arts Center
8 Operating Supplies Ice Operations
8 Operating Supplies Senior Center Programs
7 Operating Supplies Arts Center
7 Operating Supplies Police Sworn
7 Operating Supplies Staring Lake Concert
7 Computer -Accessories IT Operating
7 Operating Supplies Outdoor Center
Amount Account Description Business Unit
7 Operating Supplies Fitness Admin.
6 Equipment Repair & Maint Senior Center Programs
6 Operating Supplies Pool Operations
6 Operating Supplies Outdoor Center
6 Operating Supplies Tennis
5 Equipment Repair & Maint Senior Center Programs
5 Operating Supplies Outdoor Center
4 Advertising Special Initiatives
4 Operating Supplies Outdoor Center
3 Operating Supplies Arts Center
2 Dues & Subscriptions Police Sworn
2 Dues & Subscriptions Police Sworn
0 Travel Expense Police Sworn
-5 Operating Supplies Playgrounds
-23 Operating Supplies Arts in the Park
-23 Operating Supplies Arts Center
-25 Operating Supplies Arts Center
-30 Reimbursable Training Fire
-53 Reimbursable Training Fire
-66 Operating Supplies Arts Center
-74 Operating Supplies Arts in the Park
-87 Operating Supplies Street Maintenance
-111 Other Revenue General Fund
-125 Conference/Training Housing and Community Service
-135 Operating Supplies Safety Camp
-135 Operating Supplies Safety Camp
-135 Operating Supplies Safety Camp
-200 Miscellaneous Internal Events
-340 Travel Expense Utility Operations - General
-375 Conference/Training Police Sworn
-2,537 Retention Program Community Center Admin
-4,871 Other Revenue General Fund
64,592 Report Total
CITY COUNCIL AGENDA
SECTION: Ordinances & Resolutions
DATE:
October 15, 2024
DEPARTMENT / DIVISION:
Chief Matt Sackett Police Department
ITEM DESCRIPTION:
First and Second Reading of an Ordinance Adopting New City Code Section 5.80 Relating to Outdoor Dining Area Dog Permits
ITEM NO.:
XII.A.
Requested Action
Move to: Approve the first and second reading of an ordinance amending City Code Chapter 5 by adopting a new Section 5.80 relating to outdoor dining area dog permits. Synopsis
The City has received a request from a local restaurant for permission to allow dogs to accompany patrons on its outdoor patio. Under Minnesota Statutes Section 157.175, a city may permit food and beverage establishments to allow dogs in designated outdoor areas, such as patios, but only if the city has adopted an ordinance establishing a permit process for such use.
The proposed ordinance is consistent with state law and allows food and beverage establishments in the City to apply for an outdoor dining area dog permit from the City. A permit holder will be subject to the following conditions, which must be conspicuously posted at the premises: (1) employees must be prohibited from touching, petting, or otherwise handling dogs; (2) employees and patrons must not allow
dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations; (3) patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control; (4) dogs must not be allowed on chairs, tables, or other furnishings; and (5) dog waste must be cleaned immediately and the area sanitized. No permit is required to allow service dogs or on-duty police dogs on restaurant premises.
Attachments Ordinance
Resolution Approving Summary Ordinance
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. _______-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 5 BY ADOPTING A NEW SECTION 5.80 RELATING TO
OUTDOOR DINING AREA DOG PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
Section 1. City Code Chapter 5 is amended by inserting a new Section 5.80 which reads as follows: SECTION 5.80. – OUTDOOR DINING AREA DOG PERMIT
Subd. 1. Purpose. The purpose of this section is to permit food and beverage service establishments to allow dogs to accompany persons patronizing designated outdoor areas of such establishments, pursuant to Minnesota Statutes Section 157.175.
Subd. 2. Definitions. When used in this section, the following terms will have the following
meanings: Dangerous dog and potentially dangerous dog have the meaning specified in Minnesota Statutes Section 347.50.
Designated outdoor area means a specifically identified and defined outdoor area, such as a patio, located on the premises of a licensed food and beverage establishment. Food and beverage establishment or establishment means a building, structure, enclosure, or any
part of a building, structure, or enclosure used as, maintained as, advertised as, or held out to be
an operation that prepares, serves, or otherwise provides food or beverages, or both, for human consumption. Outdoor area means any area utilized for food or beverage service and consumption located on
the licensed premises of a food and beverage establishment but does not include any “indoor area”
as that term is defined in Minnesota Statutes Section 144.413. Subd. 3. Permit Required. A food and beverage establishment may allow dogs to accompany persons patronizing designated outdoor areas upon first obtaining a permit from the City pursuant
to this section.
Subd. 4. Exceptions. No permit under this section is required to allow:
A. A person with disabilities to access places of public accommodation while accompanied by a service animal as provided in Minnesota Statutes Sections 256C.02 and 363A.19; or
B. The lawful use of a service animal by a licensed peace officer. Subd. 5. Permit Applications.
A. The Police Chief or their designee may issue a permit upon an applicant’s provision of the
following required information: 1. The name, location, and mailing address of the establishment;
2. The name, mailing address, and telephone contact information of the permit
applicant;
3. A description and sketch of the designated outdoor area(s) in which the applicant intends to allow dogs; and
4. A description of the days of the week and hours of operation that dogs will be permitted in the designated outdoor areas.
B. A permit may not be transferred to a subsequent owner upon the sale of the establishment
but will expire automatically upon the sale of the establishment. The subsequent owner will be required to apply for a new permit pursuant to this section if the subsequent owner wishes to continue to accommodate patrons’ dogs.
Subd. 6. Conditions, Restrictions, and Regulations.
A. A permit issued pursuant to this section is subject to the conditions, restrictions, and regulations in this section, all other provisions of City Code, and all provisions of other applicable federal state, and local laws, regulations, and ordinances.
B. The designated outdoor dog area is limited to approved designated outdoor areas; however, a dog may be present in an approved interior corridor solely for the purpose of being transported directly between the entry of the establishment and a designated outdoor dog area if direct access to the designated outdoor dog area is not capable of being provided.
C. Dangerous dogs and potentially dangerous dogs are prohibited from accompanying patrons into the establishment. D. Employees must be prohibited from touching, petting, or otherwise handling dogs. If an
employee inadvertently touches or otherwise handles a dog, the employee must promptly
wash and clean their hands and exposed portions of their arms. E. Employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service
operations.
F. Patrons must keep their dogs on a leash at all times and must keep their dogs under
reasonable control.
G. Dogs must not be allowed on chairs, tables, or other furnishings. H. Dog waste must be cleaned immediately and the area sanitized.
I. A clearly printed sign or signs must be posted at the entry of the premises and at the designated outdoor area, in a manner and place that are conspicuous to employees and patrons, indicating where dogs are allowed on the premises and reciting the conditions and restrictions in subsections C–H of this subdivision 6.
Subd. 7. Suspension or Revocation of Permit. The City may suspend or revoke a permit issued under this section upon the permit holder’s failure to comply with the conditions and restrictions of this section.
Subd. 8. Banning Dogs. This section does not prohibit a food and beverage establishment from
banning dogs. A person accompanied by a dog who remains at an establishment knowing that the operator of the establishment or its agent has posted a sign banning dogs or otherwise informed the person that dogs are not permitted in the establishment may be ordered to leave the premises.
Section 2. City Code Chapter 1 entitled “General Provisions and Definitions Applicable to the
Entire City Code Including Penalty for Violation” and Section 5.99 entitled “Violation a Misdemeanor” are hereby adopted in their entirety, by reference, as though repeated verbatim herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST AND FINALLY READ, adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 15th day of October, 2024.
_________________________________ _________________________________
David Tiegland, City Clerk Ronald A. Case, Mayor
Published in the Sun Sailor on the ____ day of ______________, 2024.
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
RESOLUTION NO. 2024- A RESOLUTION APPROVING THE SUMMARY OF ORDINANCE NO. ____ AND ORDERING THE
PUBLICATION OF SAID SUMMARY WHEREAS, Ordinance No. ______ was adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie held on the 15th day of October, 2024.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND ORDERS AS FOLLOWS: A. Ordinance No. ______ is lengthy.
B. The text of summary of Ordinance No. _________, attached hereto as Exhibit A, conforms to M.S. § 331A.01, Subd. 10, and is approved, and publication of the title and summary of the Ordinance will clearly inform the public of the intent and effect of the Ordinance.
C. The title and summary shall be published once in the Sun Sailor in a body type no smaller than brevier or eight-point type. D. A printed copy of the Ordinance shall be made available for inspection by any
person, during regular office hours, at the office of the City Clerk, and a copy of
the entire text of the Ordinance shall be posted in the City offices. E. Ordinance No. _______ shall be recorded in the Ordinance Book, along with proof of publication, within twenty (20) days after said publication.
ADOPTED by the City Council on October 15, 2024. ___________________________
Ronald A. Case, Mayor
ATTEST:
_____________________________
David Tiegland, City Clerk
EXHIBIT A Ordinance Summary
CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. __-2024 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING
CITY CODE CHAPTER 5 BY ADOPTING A NEW SECTION 5.80 RELATING TO OUTDOOR DINING AREA DOG PERMITS; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99 WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Summary: This ordinance amends City Code Chapter 5 by adopting a new Section 5.80 which authorizes food and beverage establishments to allow dogs to accompany persons
patronizing designated outdoor areas of such establishments and provides permit requirements and
conditions. Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
__________________________ ________________________ David Tiegland, City Clerk Ronald A. Case, Mayor
PUBLISHED in the Sun Sailor on ______________________, 2024.
(A full copy of the text of this Ordinance is available from City Clerk.)